Rakesh Tiwari, J. - (1.) -Heard learned counsel for the parties and perused the record.
(2.) THIS contempt petition has been filed against the opposite parties alleging wilful disobedience of the judgment and order dated 11.3.2002 passed by the Division Bench of this Court in Writ Petition No. 10586 of 2002. The judgment and order dated 11.3.2002 is as under : "By the Court : The petitioners have alleged that respondent Nos. 5 and 6 have been convicted in a criminal case and appeal is pending in this Court and they are on bail. The petitioners have prayed that departmental action should be taken against them. So, in this connection the petitioners may approach the authority who shall pass appropriate order in accordance with law expeditiously after hearing respondent Nos. 5 and 6. Petition is disposed of. Sd. M. Katju, J. Sd. Rakesh Tiwari, J." Writ Petition No. 10586 of 2002 was filed by the applicants for issuance of a writ of quo warranto commanding the respondent Nos. 1 to 4 to oust the respondent Nos. 5 and 6 from public office on account of their conviction in double murder case by the trial court.
(3.) IT is not disputed that these persons are on bail and criminal appeal is pending against them in this Court. IT appears that the aforesaid writ petition was filed by the applicants due to some inter-rivalry dispute with the respondents. A perusal of the aforesaid order in the writ petition would show that the Court had not given any direction to the departmental authorities to take any action and the petitioners were directed to approach the appropriate authority for orders in accordance with law. Therefore, during the pendency of the appeal before this Court, no action can be taken by the authorities, merely on the ground that they are accused in some criminal case in which order of conviction has been passed at the trial stage.;