Sudhir Chandra Verma, J. - (1.) THE present contempt petition has been filed for taking action under the Contempt of Courts Act against Sri Jitendra Nath Mishra, the respondent No. 1 holding the post Managing Director, Allahabad Mandal Vikas Nigam, Allahabad, for having willfully disobeyed the order of the Hon'ble Court dated 21.4.1992 in Writ Petition No. 7751 of 1992 and the order dated 10.8.1992 in writ petition No. 22950 of 1992. The petitioner was working on the post of Deputy Accounts Officer at Allahabad Mandal Vikas Nigam. It has been alleged that the petitioner's salary was stopped with effect from October, 1991 without any rhyme or reason and, as such, writ petition No. 7751 of 1992 was filed for necessary direction to the respondents to pay the salary to the petitioner. The Hon'ble High Court by order dated 21.4.1992 directed the respondent No. 2 to pay salary to the petitioner or to show cause by filing affidavit by 11.5.1992. Despite service of the order dated 21.4.1992 on 1.5.1992 neither the salary of the petitioner was paid nor any reply was filed. On the other hand the then Managing Director of the Nigam Brijendra Singh, holding officiating who was holding officiating charge, passed on order dated 27.6.1992 suspending the petitioner from service. The petitioner challenged the validity of the order of suspension dated 27.6.1992 in Writ petition No. 27950 of 1992 and following order was passed on 10.8.1992. Issue Notice Mean while operation of the order dated 27.6.1992 (Annexure. 4 to the writ petition) passed by respondent No. 3 shall remain stayed. According to the petitioner the order dated 10.8.1992 was served on the respondent No. 1 on 11.8.1992. The respondent No. 1 directed the petitioner to furnish a medical certificate of fitness counter signed by the Chief Medical Officer, Allahabad, vide order dated 4.9.1992. The petitioner furnished Medical Certificate of fitness before the respondent No. 1 on 5.9.1992. The petitioner was also served with the chargesheet dated 14.8.1992.
(2.) THE petitioner served a copy of the order dated 10.8.1992 and 21.4.1992 passed by this Hon'ble court on the respondent and obtained receipt dated 11.8.1992 and 11.5.1992. The respondent No. 1 inspite of service and knowledge of the order of this court dated 21.4.1992 and 10.8.1992, neither allowed the petitioner to join the service nor any payment of the salary was made. The petitioner has further alleged that on 17.9.1992 he met the Chairman, Mandal Vikas Nigam/Commissioner, Allahabad Division, Allahabad, and submitted his representation along with a copy of the orders dated 21.4.1992 and 10.8.1992. The Commissioner Allahabad Division, Allahabad, vide endorsement dated 18.9.1992 required a report of respondent No. 1. The respondent No. 1 by an order dated 21.9.1992 marked the said representation of the petitioner to the Assistant Personnel Officer. The petitioner has also given a copy of the representation separately to the respondent No. 1 on 17.9.1992 which was received under his signature dated 21.9.1992.
(3.) THE petitioner after having made all possible efforts to join the duties and to be paid arrears of salary since October 1991, filed present Contempt petition on 26.9.1992. The respondent No. 1 was issued notice and was directed to either appear in person or through a counsel and to show cause by filing counter affidavit for having willfully disobeyed the orders dated 21.4.1992 and 10.8.1992 of the Hon'ble High Court.;