ASARFI LAL Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2009-8-214
HIGH COURT OF ALLAHABAD
Decided on August 13,2009

ASARFI LAL Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

ARUN TANDON,J. - (1.) HEARD Sri S.C. Dwivedi, learned counsel for the petitioner, Sri R.K. Singh 'Rajpoot' and Sri Ram Sajivan, learned counsels for respondent namely, Trilok Singh and learned Standing Counsel for the State-respondents.
(2.) THE basic facts, relevant for decision of the disputes raised in the aforesaid both the writ petitions are more or less identical, and legal aspects involved are also identical. Both the writ petitions are being decided by this common judgment. While entertaining the Writ Petition No. 33169 of 2009, on 22nd July, 2009 this Court had passed following orders: "Connect with Writ Petition Nos. 1.W.P. No. 12960 of 2007 2. W.P. No. 24263 of 2007 3. W.R No. 22119 of 2008 4. W. P. No. 26963 of 2009 From the record of the present writ petition, it is prima facie clear that Sri Trilok Singh has taken law into his own hand and with the collusion of the Regional Joint Director of Education has made an attempt to over reach the judgment/proceeding pending before this Court. Such acts amount to interference in the administration of justice and therefore, criminal contempt. However, before any orders are passed, it is necessary that Sri Trilok Singh be afforded opportunity to have his say in the matter. Let notice be issued to Sri Trilok Singh to remain present before this Court on 4th August, 2009 to explain as to how after the judgment of this Court passed in Writ Petition No. 12960 of 2007 decided on 30th April, 2007 (to which he was a party and was decided after hearing his counsel) holding that no direct recruitment on the post of Head Clerk would be made in the institution. He filed Writ Petition No. 24263 of 2007 and obtained an order from this Court on 22nd May, 2007 for consideration of the approval qua his appointment by direct recruitment against the same vacancy. Such order resulted in the Regional Level Committee passing an order granting approval to the appointment of Sri Trilok Singh by direct recruitment on the post in question. Prima facie the order of the Regional Level Committee is in teeth of the judgment of this Court dated 12th March, 2007 referred to above and therefore, more or less contemptuous in nature. The petitioner has made out a prima facie case for grant of an interim order. Till the next date of listing Sri Trilok Singh S/o Sri Nathu Ram shall not be paid salary without the leave of the Court. Regional Joint Director of Education shall file his personal affidavit as to how direct recruitment on the aforesaid post could be made and approved."
(3.) ON 13th August, 2009, the matter was argued by the learned counsels with all vehemence at command. However, on being confronted with the seriousness of the consequences which may follow the learned counsels, took time to re-examine all the aspects of the matter.;


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