- (1.) S. N. Saxena, J. The petitioner moved this contempt petition on 24-4-1990 whereby he prayed that this Court be pleased to punish the opposite party for having deliberately disobeyed the orders of this Court resulting in its contempt. The petitioner has come forward with the following allegations.
(2.) THE petitioner had instituted writ petition No. 12252 of 1989 praying for issuance of writ of mandamus to the opposite party to pay forthwith the salary of the petitioner from 29-3-1985 and also continue to pay the same regularly in future. A Division Bench of this Court on 12-2-1990 passed the following orders in the aforesaid writ petition t "issue Notice. No counter affidavit has been filed. We, therefore, issue an ad-interim mandamus directing the Chief Medical Officer, Kanpur city to pay the salary of the petitioner as and when it falls due or to show cause by filing a counter affidavit within six weeks from the date of service of a certified copy of this Order open him. " The petitioner on 17-2-1990 presented the aforesaid order before the opposite party Dr. R. P. Katiyar, Chief Medical Officer, Kanpur city, who initially was the sole opposite party in the contempt petition but he refused to accept the same. The petitioner thereafter sent the same to the opposite party per registered post vide receipt No. 2984. It was a local matter within Kanpur city and, therefore, the aforesaid registered letter must have been received by the opposite party latest by 20-2-1990 but the opposite party till 23-4-1990 did not file counter affidavit in the said writ petition nor complied with the aforesaid ad-interim mandamus, in spite of the fact that the petitioner appro ached him several times in the months of February and March, 1990 for obtaining payment but the same was not made to him. The period of six weeks granted by this Court for payment of the salary to the petitioner had expired and, therefore, need for this contempt petition arose. The opposite party filed counter affidavit in the said contempt on 15-5-1990 in which he had disclosed his name as Dr. R. N. Katiyar while the petitioner had mentioned it as Dr. R,. P. Katiyar. He denied the allegations of the petitioner that he had offered a copy of this order to him but admitted that a registered letter sent by the petitioner was received in his office. He thereafter had got prepared a narrative from the Government machinery but due to negligence of his office it could not be filed before this Court. Initially the fault was committed by one of his official Sri D. D. Srivastava whom he had suspended. He filed the said narrative as Annexure CA-3 to the affidavit. In paragraph No. 9 of the counter affidavit he con tended that he had not committed any contempt of this Court but if the Court arrived at the conclusion that contempt had been committed by him, he tendered unqualified apology.
(3.) IT may be mentioned that the writ petition No. 12252 of 1989 which gave rise to this contempt proceeding is confined to the question of payment of the salary alone to the petitioner and the question of his transfer is not involved in it. It may also be mentioned that in the matter relating to the transfer of the petitioner by the opposite party, he earlier had filed writ petition No. 5280/1985, 5044/1985, 10055/1987 and 4423/1985 in the High Court for cancellation of his transfer which had been dismissed by this Court. The petitioner was transferred to P. H. C. Sarwankhera against which he had submitted a representation before Hon'ble Minister concerned as well as Secretary Medical and Health Department of the State. The Government by its order No. 881/fkd/cin-Health-89,;