- (1.) This contempt appeal under Section 19 of the Contempt of Courts Act, 1971 has been preferred against the judgment and order dated 7.1.2013 imposing punishment against the appellant for having wilfully disobeyed the order passed on 9.9.2011 in Special Appeal (Defective) No.918 of 2011. The appellant has been sentenced to undergo a simple imprisonment of one month and a fine of Rs.2,000/- after holding him guilty under the provisions of the 1971 Act.
(2.) The background in which this punishment has been imposed and the appellant has been held guilty is that there was a dispute with regard to the control of management of an educational institution known as Tripathi Jyoti Prasad Arya Kanya Inter College, Etawah. The said institution when the dispute commenced was being managed by a Committee of Management of which Rakesh Mohan Misra was the recognized Manager and his signatures had been attested on 27.8.2010 by the competent authority, namely, the District Inspector of Schools who exercises implied powers of attestation under the Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 in relation to a State aided private institution. Thus Rakesh Mohan Mishra was functioning as Manager and his signatures had been attested by the District Inspector of Schools and was the recognized Manager of the Institution.
(3.) His rival, one Mr. Surendra Bahadur Saxena, claimed that he is the rightful Manager of the institution and he questioned the proceedings relating to the amendment of the Scheme of the Administration of the institution which was got amended by Rakesh Mohan Mishra. It appears that this amendment in the Scheme of Administration was approved by the Joint Director of Education on 1.8.2002. Surendra Bahadur Saxena felt aggrieved on account of this amendment and he alleged that he had preferred a representation against the aforesaid amendment on several grounds. This representation was made to the Director of Education who in turn sent a letter on 23.9.2008 to the Joint Director to submit all relevant papers in this regard but no action was being taken. Consequently, Surendra Bahadur Saxena filed Writ Petition No.64891 of 2010 after 8 years which was disposed of on 29.10.2010 with a direction to the Director of Education to decide the controversy relating to the amendment of the scheme of administration within a period of three months. A copy of the said judgment is Annexure 1 to the affidavit in support of the said application.;