- (1.) On 12/07/1996 the Northern India Patrika, Allahabad, a daily Newspaper published the following news :- "The controversy over the transfer of legal advisor to the Governor, Mr. Chandra Bhushan Pandey took a new turn when the member of the higher judicial service levelled allegations against the Allahabad High Court and the Chief Justice of India Mr. A. M. Ahmadi. It may be recalled that a nine member administrative committee of High Court Judges had recently passed a resolution to transfer Mr. Pandey to Gorakhpur.Mr. Pandey is the Working President of All India Judges Association.In a signed statement Mr. Pandey alleged that the H. C. Committee recommended his transfer in order to oblige the Chief Justice of India who wanted his men to be posted as Legal Advisor. "The committee sent the name of only Mr. V. K. Dixit, Additional District Judge of Barabanki, whereas on earlier occasion a panel of five names used to be sent.Mr. Pandey alleged that Mr. Ahmadi came close to Mr. Dixit as Deputy Director of U. P. Judicial Research Institute, Mr. Dixit paid travel expenses of Mr. Ahmadi's wife on one occasion.Mr. Pandey further alleged that Mr. Ahmadi in his capacity as President of the Indian chapter of International Jurist Organisation made Mr. Dixit Secretary of the Lucknow chapter of IJO.According to Mr. Pandey, Mr. Dixit was attached to the Allahabad High Court as OSD two months before the IJO's Lucknow convention on September 16 and 17, 1995 whereas the services of Mr. Dixit were taken for a Non-Government Organisation (NGO) his salary was drawn from the office of the Barabanki District Judge. At that time Mr. Dixit was serving as Additional District Judge, Barabanki.Mr. Pandey further alleged that due to the efforts of Mr. Ahmadi, Mr. Dixit went to U. K. Tour recently. Later Mr. Ahmadi joined the tour. After Mr. Ahmadi's return the High Court's administrative committee held a special meeting and "transferred me to Gorakhpur as ADJ." The communication should have been sent to the U. P. Governor because I was his Legal Advisor. Only the Governor was competent to relieve me. He recalled that the former Governor Mr. Moti Lal Vora had recommended "the merger of my service to the Governor's Secretariat."Mr. Pandey today announced that he was quitting the judicial service for Govt. He acceded to serve a social organisation known as Bharat Parishad."(Underlining is ours)
(2.) The publication of the aforementioned news was viewed with seriousness and the following clarification was issued by the Court, which was also published in the Newspaper :- "Allahabad High Court clarifies the transfer of Mr. C. B. Pandey from Raj Bhawan and refutes the insinuations appearing in the press.Mr. Chandra Bhushan Pandey has continued at Lucknow for nearly 14 years since the year 1982 except that for one year he remained at Kanpur between 24-6-1986 to 13-7-87. Since 6/01/1990 he has continued in the Raj Bhawan in the capacity of either Assistant Legal Advisor or Additional Legal Advisor or Legal Advisor to the Governor and till today the same position continues.His reversion to the regular line and posting at Varanasi Judgeship as Civil Judge in June, 1993 stood cancelled on the request of the Secretary to the Governor vide his communication dated 3-7-1993. The result being that Mr. Pandey continued in the Raj Bhawan. The Administrative Committee's subsequent resolution adopted in their meetings held on 16-8-1994 , 1-2-1995 and 25-5-1995 deciding to revert him to the regular line also remained ineffective and he continued in the Raj Bhawan.The Court's notification dated 13-6-1995 reverting him to the regular line and posting him in Gorakhpur Judgeship was also not carried out. In view of the resolution of the Administrative Committee dated 7-8-1995, the Secretary to the Governor was requested to obtain explanation from Mr. C. B. Pandey for non-compliance of the transfer order. This, too, was not complied with. Thereafter the Principal Secretary to the Governor requested for sending three names for consideration for appointment to the post of Legal Advisor to Governor. The Court sent three names on 18-10-1995, but even that was not honoured and the Special Secretary to Government in the Appointment Department, vide their communication dated 8-11-1995 asked for extension of Mr. C. B. Pandey. The Administrative Committee in its resolution dated 20-3-1996 declined to accept the request and the Government was requested to relieve Mr. C. B. Pandey asking him to join in Gorakhpur Judgeship. Again the Special Secretary to the Government (Appointment) vide their communication dated 8-4-1996 requested for his continuance in Raj Bhawan till 31-5-1996.The Administrative Committee of the Court, vide its resolution dated 6-5-1996, declined to accept this request and recommended the name of Mr. V. K. Dixit for appointment to the post of Legal Advisor to the Governor. Thereafter, the Registrar through his letter dated 6-7-1996 asked Mr. C. B. Pandey to join at Gorakhpur on the post of Additional District Judge.Insinuation that the Court took any decision or acted in any such manner at the behest of C.J.I. or any other person is totally unfounded. The decision of the Court had to be taken in the circumstances enumerated above. So far, the Court has not received any letter of Mr. C. B. Pandey seeking voluntary retirement from service."
(3.) One Chitranjan Singh filed an application under Section 15 of the Contempt of Courts Act (hereinafter referred to as the Act) accompanying with his affidavit stating, inter alia, that a bare reading of the news item aforesaid clearly shows that the contemnor has committed a gross contempt of this Court by deliberately scandalising the Administrative Committee of the Court, making an allegation that the Court has transferred him in order to oblige the Chief Justice of India who also made questionable remarks against him and that he has learnt that the Administrative Committee of the Court has suspended him by order dated 12/07/1996 but surprisingly no proceedings in contempt have been drawn up.;