- (1.) The committee of management Marwar Intermediate College, Nasirabad, Buxipur, Gorakhpur through its manager has filed this contempt petition under Section 12 of the Contempts of Courts Act alleging that the Opposite Parties namely Sri Ravindra Singh, District Inspector of Schools, Gorakhpur, Sri Satish Chandra Srivastava, Joint Director of Education VIIth Region Gorakhpur (also holding charge of Dy. Director Education VIIth Region, Gorakhpur) and Sri Sanjay Shukla, Assistant District Inspector of Schools have wilfully and deliberately disobeyed the judgment and order dated 08.04.2008 passed by a Division Bench of this court in Special Appeal No. 507 of 2008 Committee of Management, Marwar Intermediate College v. State of U.P. and Ors.
(2.) Notices were issued to the Opposite Parties by this court on 22.05.2008 whereafter all the Opposite Parties filed affidavit of compliance along with applications dated 15.07.2008. This court upon considering the affidavit of compliance filed by all the three Opposite Parties was of the opinion that they have willfully and deliberately disobeyed the order of the court and deliberately delayed the matter in complying with the order of the court.
(3.) The court found a prima facie case of wilful disobedience made out against the Opposite Parties No. 1, 2 and 3 and framed charges against all the three Opposite Parties by the order dated 15.07.2008 and allowed on time to file reply to the charges framed. The charges framed against the Opposite Parties No. 1, 2 and 3 are quoted hereunder: (1) You, Ravindra Singh, opposite party No. 1 wilfully and deliberately did not comply with the order of the Court dated 8th April, 2008 in not issuing a consequential order immediately to the Authorized Controller to handover the charge to the Committee of Management and instead issued an order dated 2nd May 2008 directing payment of salary to the teachers by single operation method which order constitutes contempt by itself. (2) You, Satish Chandra Srivastava, opposite Party No. 2 have wilfully and deliberately disobeyed the order of the Court dated 8th April, 2008 in sitting over the matter and deliberately delayed in issuing consequential direction to the subordinate authority for compliance of the order of the Appellate Court and not taking any action within a reasonable time. (3) You, Sanjay Shukla, the opposite party No. 3 functioning as an Authorized Controller have wilfully and deliberately disobeyed the order of the Appellate Court dated 8th April, 2008 by continuing to function as the Authorized Controller in spite of knowing the judgement dated 08th April, 2008 by which your appointment as an Authorized Controller had been quashed.;