- (1.) THIS Appeal, under Section 19 of the Contempt of Courts Act, has been preferred questioning the correctness of the order of conviction and punishment dated 18.12.2009, the certified copy whereof has not been filed on record as a result whereof this continues to be a defective appeal till date. An interim order was granted on 21.12.2009 staying the sentence of punishment of one month simple imprisonment and deposit of Rs. 2,000/ - fine which interim order was extended from time to time and Affidavits were exchanged when final orders were passed on 22.11.2010 to the following effect: - - "Hon'ble R.K. Agrawal, J.Hon'ble Kashi Nath Pandey, J. We have heard Sri Ashok Khare learned counsel for the appellant and Sri U.K. Saxena, learned counsel appearing for the respondents. Pursuant to the order of this Court dated 26.10.2010 the appellant Sri R.K. Tewari, was directed to appear in person before the Court. He is present today. His personal appearance is exempted. Judgment reserved. Order Date: - - 22.11.2010" Thereafter, the judgment does not appear to have been delivered and that is how the matter has now been listed before this Bench without curing the defect of the absence of certified copy of the judgment. A counter -affidavit has been filed by Sri U.K. Saxena, learned Counsel for the opposite parties where the facts stated in the Affidavit in support of Contempt Petition have been disputed and it has been reiterated that the appellant did commit contempt of the orders of this Court as entailed in the impugned decision and not only this, he was also a habitual contemner as he has been summoned in a contempt matter by the Apex Court in Contempt Application No. 319 of 2009 arising out of Civil Appeal No. 3433 of 2001, Ranbir Singh v. R.K. Tiwari, District Inspector of Schools, and another and a copy of order of the Apex Court has been filed as Annexure No. 1 to the counter -affidavit.
(2.) THE appellant at the relevant point in time was working as District Inspector of Schools, Jalaun, and had the authority to exercise powers in relation to disbursement of salary of aided institutions under the Uttar Pradesh High School and Intermediate (Payment of Salary to Teachers and other Employees) Act, 1971. It may be mentioned that the District Inspector of Schools, being the drawing and disbursing Officer of the finances of a to private institution, has implied powers to recognize the elections of the Committee of Management managing such an institution and to attest the signatures of the Manager, who has to execute the work on behalf of the Institution. In the instant case, the institution is an Intermediate College and according to the opposite parties is managed by a Committee of Management as constituted under the Scheme of Administration of the College of which the opposite party No. 2 was the then Manager. The peculiarity of this case led to a litigation which according to the respondents was generated by the appellant on account of his own obstinate conduct. According to the records and the contention of the respondent - Committee, the fresh elections of Committee of Management in the year 2005 were conducted in terms of a direction issued in a Writ Petition No. 52995 of 2002, Vishambhar Singh and another v. Joint Director of Education, Jhansi Region, Jhansi, where this Court passed an order on 25.3.2005. The Committee was constituted according to the respondents on 19.7.2005 partially with the election of the Members, who were then available and the same was submitted before the Joint Director of Education, Jhansi Region, Jhansi, who passed an order on 12.8.2005 acknowledging the said process having been partially completed with a further direction that the said process is being recognized subject to the condition that within 3 months of the said order, the complete elections of Committee of Management constituting it in terms of the Scheme of Administration, should be accomplished. Once the entire Committee of Management, is constituted, only then the Committee would be entitled to discharge its function.
(3.) ACCORDING to the respondents, this was accomplished and the said partial constitution was followed by the completion of election process and final constitution of the Committee of Management in the meeting held on 18.9.2005 and the entire list of the elected office -bearers and Members was forwarded to the District Inspector of Schools, who recognized the said Committee on 22.9.2005. Since there was some difficulty in payment of salary, the financial function of disbursing payment of salary was being done under Section 5 of the 1971 Act under orders dated 26.7.2004. However, under the recognition order dated 22.9.2005, the said order of single operation was withdrawn and the Committee through it's Manager Sri Hari Shanker Sharma - the respondent herein was authorized to discharge all functions. The said order of recognition is on record.;