B.K. Sharma, J. - (1.) The facts leading to this contempt petition are that National Inter College was a duly recognised Intermediate College on the maintenance grants-in-aid list of the State Government having an approved Scheme of Administration. The present petitioners bound to base themselves on an election of the Committee of Management of the institution held on 12.10.1997 in which Ashfaq Ahmad, present petitioner No. 2, was said to have been elected as manager of the institution. The District Inspector of Schools, Mau by his order dated 17.10.1997 recognised the present, petitioner Committee of Management. After the transfer of the earlier District Inspector of Schools, Mau. Smt. Madhuri Srivastava, took over as District Inspector of Schools, Mau and had directed on 7.11.1997 single operation of the payment of salary to the staff of the institution by herself. Ram Prasad Singh, contemner No. 2, claimed himself to be elected in an election dated 19.10.1997 as Manager of the Committee of Management of the institution. The District Inspector of Schools, Mau. Smt. Madhuri Srivastava, contemner No. 1, passed an order dated 8.4.1998 which was in the form of a letter addressed to the Gramin Bank concerned recognising Ram Prasad Singh, present contemner No. 2, as Manager of the Committee of Management of the institution elected in the election dated 19.10.1997. This order dated 8.4.1998 was challenged by . the present petitioners by way of filing Civil Misc. Writ Petition No. 14887 of 1998 against (1) the District Inspector of Schools, Mau, (2) Kamla Ram, District Inspector of Schools, Mau and (3) the alleged Committee of Management. National Inter College, Adari Indara, Mau through its alleged Manager Ram Prasad Singh. In that writ petition, the petitioners also moved a stay application praying to stay the operation of the order dated 8.4.1998 aforesaid. The said writ petition was filed on 24.4.1998. On that date, the copies of the writ petition and its annexures along with the affidavit and stay application were given to the learned standing counsel on behalf of the D.I.O.S. respondent No. 1 for which an endorsement was made on the writ petition and also on the stay application on behalf of the learned standing counsel. The writ petition came up for admission before Hon'ble B. Dixit, J., on 30.4.1998. On that date, he passed the following orders : "Admit. Issue notice. Notice need not be sent to opposite party No. 1 who is represented by standing counsel. Standing counsel prays for and is granted three weeks for filing counter-affidavit. Operation of order dated 8.4.1998 shall remain stayed until further order. The petitioner will take steps to serve opposite parties 2 and 3 within 10 days by registered post A.D. failing which interim order shall stand vacated. Sd. B. Dikshit. 30.4.1998."
(2.) Now in this present contempt petition, it has been alleged that in pursuance of the directions given by the learned single Judge in the aforesaid order dated 30.4.1998, steps were taken by the petitioners to serve respondent No. 2 Kamla Ram and the respondent No. 3 (the alleged Committee of Management through alleged Manager Ram Prasad Singh) through registered post on 3.5.1998 whose copies were Annexure-5 to the affidavit of Ashfaq Ahmad in support of the contempt petition, that steps were also taken on 1.5.1998 in order to serve these respondent Nos. 2 and 3 through Court and requisite fee by way of Talwana was duly filed in the office of the High Court on 2.5.1998, a true copy of the receipt in this connection being Annexure-6 to this affidavit, that the order dated 30.4.1998 was duly served by the petitioners in the office of the District Inspector of Schools, Mau respondent No. 1 vide letter dated 4.5.1998, which was duly received in the office of the respondent No. 1 on the same date i.e., 4.5.1998, that a true copy of the letter dated 4.5.1998 is being annexed as Annexure-7 to this affidavit ; that a copy of the order of this Court dated 30.4.1998 was also served by the petitioners in the Bank in which the accounts are operating in respect of the institution and the same was duly received in the office of the Bank on 8.5.1998 ; that a true copy of the covering letter, dated 8.5.1998 received in the Bank is annexed as Annexure-8 to this affidavit ; that thereafter wholly illegally, an order was passed by Smt. Madhuri Srivastava, the District Inspector of Schools, Mau, contemner-respondent No. 1 in this contempt petition, dated 13.5.1998, a true copy of the order dated 13.5.1998 passed by Smt, Madhuri Srivastava contemner-respondent No. 1 being annexed as Annexure-9 to this affidavit ; that the order dated 13.5.1998 passed by the respondent No. 1 contemner Smt. Madhuri Srivastava is in complete violation of the interim order dated 30th April, 1998 ; that the said contemner Smt. Madhuri Srivastava District Inspector of Schools, Mau. respondent No. 2, should have accepted the photocopy of the interim order served by the petitioners, and that moreover, she should have asked the petitioners to supply the original copy, in case she was not satisfied with the photostat copy of the interim order granted by the High Court dated 30.4.1998 but she never asked the petitioners at any point of time to submit the original copy of the interim order granted by the High Court, that she was not at all justified in refusing to accept the photostat copy of the interim order granted by the High Court ; that without giving any notice or opportunity to the petitioners to supply the original certified copy of the interim order, she passed the order dated 13.5.1998, that in the circumstances, the submission of the photocopy of the interim order was sufficient communication of the order to her ; that another reason given in the order passed by the contemner respondent No. 1 is ten days' time was expired and she did not get any information from the registered post from the High Court is wholly illegal and it cannot be the basis of not accepting the interim order granted by the High Court ; that, in fact, the steps were already taken by the petitioners within ten days' in order to serve the notices through registered post, as directed by the High Court ; that direction was given by the High Court on 30.4.1998 to serve the respondents 2 and 3 (in writ petition) through registered post and notices were duly sent through registered post on 10.5.1998, i.e., within ten days ; that she was thus liable to be punished for contempt ; that Ram Prasad Singh contemner respondent No. 2 was also liable to be punished for committing the contempt of this Court since inspite of the knowledge of the interim order granted by the High Court, he himself did not agree for attestation of his signatures as Manager of the institution in question since his signatures' attestation has already been stayed by the High Court but by way of the order dated 13.5.1998, passed by the contemner respondent No. 1, he was again permitted to work as Manager of the Committee of Management of the institution in question. It was also alleged in this affidavit dated 18th May, 1998 that uptil then, no stay vacation application or counter-affidavit has been filed and the interim order granted by the High Court is continuing although the respondents were bound to comply with and obey the interim order granted by the High Court.
(3.) On this contempt petition, Hon'ble Bhagwan Din, J., passed the following orders on 19.5.1998 : "Issue notice calling up the opposite parties to appear in person in the Court on 4.8.1998 and show cause as to why they should not be punished for having committed contempt of Court by disobeying the order dated 30.4.1998 passed by this Court in Civil Misc. Writ Petition No. 14887 of 1997, Committee of Management, National Inter College and another v. D.I.O.S., Mau and others. In case the opposite parties comply with the aforesaid order dated 30.4.1998, they need not to appear in person. List on 4.8.1998.";