Sabhajeet Yadav, J. - (1.) This appeal is directed against the judgment and order of conviction and sentence dated 3.11.2004 passed by the learned Single Judge of this Court in Contempt Petition No. 2101 of 2004 Ram Babu Dwivedi v. Smt. Rama Devi and Ors. under the contempt of Courts Act whereby the Appellant is convicted and sentenced for a period of 15 days imprisonment with fine of Rs. 1000/- and in failure to deposit the aforesaid amount of fine the appellant is further directed to under go imprisonment for a period of one week.
(2.) The facts of the case in brief are that the opposite party was working as Tax Moharrir cum clerk in the Nagar Panchayat Kabrai District Mahoba. He was placed under suspension by an order dated 28.2.2003. The aforesaid order was challenged by him in writ petition No. 14661 of 2003. Vide order dated 4.4.2003 passed by writ court the aforesaid order has been stayed. The interim order dated 4.4.2003 is reproduced as under: In view of the aforesaid submission it is hereby directed that the operation of the order passed by the respondent No. 5 dated 28,2.2003 (Annexure 1 of the writ petition) shall remain stayed and the petitioner will not be treated under suspension till the next date of listing. However, it is made clear that enquiry against the petitioner shall go on to which the petitioner undertakes to cooperate which will be taken to its logical end.
(3.) It is alleged that this interim order was. duly served on the opposite parties of the writ petition but they failed to comply with the order. The opposite party herein approached the District Magistrate who had also passed the orders directing the Executive Officer to comply with the order of writ court, but the order was not complied with hence the contempt petition.;