B.S. Chauhan, J. - (1.) THE Petitioner -applicant, Sri Anand Kumar Pandey, was appointed as a Clerk/Tax Collector In the Town Area, Oran, District Banda, on 24.1.1987 on dally wages. The vacancy for the said post was notified on 22.2.1987 and after completing the formalities of selection, the Petitioner was duly appointed on the said post vide order dated 12.6.1987 and subsequently confirmed on 28.11.1988. Petitioner was suspended vide order dated 1.1.1990 on some charges. Being aggrieved, Petitioner filed Writ Petition No. 2271 of 1990 and this Court, vide its order dated 5.3.1990, stayed the operation of the suspension order dated 1.1.1990. In pursuance of the order passed by this Court on 5.3.1990, the opposite parties allowed the Petitioner to work. Petitioner's salary was not paid for the months of January and February, 1994. Petitioner felt suffocation and found the surrounding atmosphere totally hostile and Petitioner submitted his resignation on 6.4.1994. But subsequently, Petitioner made an application on 13.4.1994 to withdraw his resignation. Opposite parties accepted the said resignation vide order dated 23.11.1994. Being aggrieved, Petitioner preferred writ petition No. 38735 of 1994 before this Court challenging the order dated 23.11.1994 on the ground that as the Petitioner had already filed an application to withdraw his resignation, the order dated 23.11.1994 was Illegal and prayed for quashing the same. This Court, vide its order dated 2.12.1994, stayed the operation of the order dated 23.11.1994. The Interim order runs as under: Until further orders, the operation of the impugned order dated 23.11.1994 (Annexure -1 to the writ petition) will remain stayed. The said order was served upon the opposite parties by the applicant on 8.12.1994. The order passed by this Court on 2.12.1994 was not complied with by the opposite parties. The Petitioner was neither assigned any work nor was he paid any salary. The applicant was forced to approach this Court by filing the instant contempt petition and this Court, vide Its order dated 24.3.1995, Issued notices to the opposite parties calling upon them to explain their conduct as under what circumstances the opposite parties have willfully defied the order passed by this Court on 2.12.1994. The opposite parties filed the counter -affidavit in the main writ petition on 9.8.1995 and they had chosen not to comply with this Court's order dated 2.12.1994. The opposite party No. 2 in his counter -affidavit has shifted the entire liability on opposite party No. 1 stating that he had no concern with regard to the case and also made reference to some Government Notification dated 24.5.1994 which came into operation with effect from 30th May, 1994 by which Section 75 of the U.P. Nagar Palika Act was enforced and the power to appoint or dismiss the Tax Collector vested with the Executive Officer, Le., opposite party No. 1.
(2.) IN paragraph No. 12 of this counter -affidavit, opposite party No. 2 has stated that "as soon as the order dated 2.12.1994 was received by the deponent, it was immediately, the same day, forwarded to the Executive Officer, vide Challan No. 4309 dated 10.1.1995 for compliance of the order as he was the competent authority to appoint the Petitioner...... The responsibility to comply with the orders of the Hon'ble court rests with the Executive Officer. Again In paragraph No. 15 of the counter -affidavit, the opposite party No. 2 stated that after receiving the reminder of the applicant, the opposite party No. 2 forwarded it to the opposite party No. 1, vide letter No. 14494/Aashu dated 13.1.1995 to comply with the order passed by this Court. Moreover, in paragraph No. 16 of the counter -affidavit, the opposite party No. 2 has tendered unconditional apology before this Court.
(3.) SRI R.S. Maurya, learned Counsel appearing for the applicant has fairly conceded that the proceedings may be dropped against the opposite party No. 2 and thus, the same is being considered only against opposite party No. 1, the Executive Officer.;