KRISHNA YADAV Vs. KAMLESH BABU D I O S KANNAUJ
LAWS(ALL)-2009-4-592
HIGH COURT OF ALLAHABAD
Decided on April 07,2009

KRISHNA YADAV Appellant
VERSUS
KAMLESH BABU, D.I.O.S, KANNAUJ Respondents

JUDGEMENT

S.U. Khan, J. - (1.) THE allegation is that following portion of judgment and order dated 18.12.2008 passed in Special Appeal No.1807 of 2008 has been violated:- "We direct the District Inspector of Schools to re-examine the matter in light of the orders, which have been passed by this Court in various writ petitions and special appeals referred to in the present special appeal and to adjudicate as to which of the Committee of Management is entitled to exercise financial control over the affairs of the institution." In pursuance of the said judgment and order, D.I.O.S. Kannauj has passed an order on 06.03.2009 contained in Annexure-10 to the accompanying affidavit. Through the said order, which runs in eight closely typed pages, the case of the other side has been accepted to be correct in preference to the case of the applicant. THE argument of learned counsel for the applicant is that in view of earlier orders passed in writ petition and special appeals referred to in the judgment and order dated 18.12.2008, it was not open to the D.I.O.S. to decide the matter in favour of the rival committees of the management. I do not agree with this argument. If the position had been so clear, then there was absolutely no reason for the Division Bench to direct the D.I.O.S. to decide the claim of the rival committees of management through the judgment and order dated 18.12.2008. If the grievance of a party is that in pursuance of direction of the High Court, the order, which is passed by a particular authority, is not in accordance with the directions of the High Court, then it is not a case of contempt, however it only gives to rise a fresh cause of action vide AIR 1997 SC 113, "J.S. Parihar Vs. Ganpat Duggar." Accordingly, In my opinion, absolutely no contempt has been committed by the opposite party. However, if applicant is aggrieved by the order dated 06.03.2009, then he is at liberty to challenge the same through writ petition. Contempt petition is, therefore, dismissed.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.