- (1.) This special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 has arisen from an order of the learned Single Judge dated 5 March 2014 in a proceeding for contempt instituted by the respondents. In order to appreciate the issue which arises in the intra court appeal, a brief reference to the factual background would be necessary.
(2.) A batch of writ petitions was filed before this Court in 2007 in order to challenge orders which were issued by the State Government on 11 September 2007, 18 September 2007 and 30 September 2007, cancelling recruitments which were made to the posts of constables in the civil police and provincial armed constabulary. Apart from challenging the Government Orders cancelling the selections, the writ petitions also questioned the validity of orders of termination that were issued to the selected candidates. By a judgment and order dated 8 December 2008, the lead writ petition, Pawan Kumar Singh vs. State of U.P., Civil Misc. Writ Petition No.45645 of 2007 and the batch of connected writ petitions came to be allowed in the following terms: "In view of the discussions above and the findings recorded thereon, this and the connected writ petitions, succeed and are allowed. The various Government Orders cancelling the recruitment by various Recruitment Boards and the consequential orders terminating the appointment of the candidates are also quashed, however, subject to the observations made hereinabove. In the circumstances of the case, no order as to cost." Special appeals were filed against the judgment of the learned Single Judge. During the pendency of the special appeals, a statement was made on behalf of the original petitioners who had succeeded before the learned Single Judge, that no contempt petition would be instituted in the event that the special appeal was decided at an early date. The statement is recorded in the form of an Advocate's letter dated 7 March 2008 to the Principal Secretary (Home) and Director General of Police. The special appeals were decided on 4 March 2009. Both the learned Judges constituting the Division Bench (Janardan Sahai and Rakesh Sharma, JJ) agreed in coming to the conclusion that the orders of the State Government cancelling the selection/appointment could not be sustained. The State Government was permitted to conduct an exercise of separating the tainted from the non-tainted candidates. Subject to the grant of this liberty, the appeals were dismissed. Both the learned Judges constituting the Division Bench agreed upon the final order that was to be passed. Special leave petitions were filed before the Supreme Court against the judgment of the Division Bench. By an interim order dated 25 May 2009, the Supreme Court issued the following directions: "In the meantime, appointments may be made of the selected candidates but in the appointment order it shall be clearly mentioned that this appointment is provisional and shall be subject to the decision of this special leave petition."
(3.) In pursuance of these directions which were issued by the Supreme Court, an order was issued by the State Government on 27 May 2009 granting provisional appointment to the selected candidates subject to the result of the proceedings before the Supreme Court. On 23 October 2009, the Supreme Court confirmed the ad interim order dated 18 May 2009 which was made absolute till the disposal of the appeal. The State Government withdrew the appeals and special leave petitions which were filed before the Supreme Court on 8 March 2013. Accordingly, while allowing the prayer for withdrawal, the appeals and special leave petitions were dismissed as withdrawn. A contempt application was filed in 2009 at Allahabad complaining of a breach of the order passed by the learned Single Judge. Initially, on 28 March 2009 when the application was filed, the grievance was that, despite the order of the learned Single Judge dated 8 December 2008 quashing the termination, the successful petitioners had not been reinstated in compliance with the judgment and order "although there was no interim order during the pendency of the special appeal". The prayer as it was originally drafted was in the following terms: "It is therefore, respectfully prayed that the Hon'ble Court be graciously be pleased to summon the opposite parties personally before this Hon'ble Court and punish them for willfully and deliberately disobeying the judgement and order dated 8.12.2008 passed by Hon'ble Mr. Justice D.P. Singh in Civil Misc. Writ Petition No.45645 of 2007 (Pawan Kumar Singh and others Vs. State of U.P. and others) and quashing the termination of the applicants, by not reinstating the applicants forthwith in compliance of the judgement and order aforesaid, which was subsequently confirmed by the division bench of this Hon'ble Court in Special Appeal No.244 of 2009 (State of U.P. Vs. Pawan Kumar Singh and others) vide judgment and order dated 4.3.2009, although there was no interim order during the pendency of the special appeal and/or pass such other and further order as this Hon'ble Court may deem fit and proper in the circumstances of the case, during the pendency of the present contempt petition; so that justice be done. The cause of action arose on 7-3-2009.";