BAJRANG BAHADUR SINGH Vs. A K SINGH COMMANDANT XI BATTALION P A C

JUDGEMENT

(1.) U. C. Srivastava, J. This is an application under Section 12 of the Con tempt of Court Act for punishing the opposite-party who is Commandant, XI Battalion, P. A. C. , Sitapur. The Petitioner who is police constable was suspended vide order 1st September, 1986, against which he filed a writ petition on 23rd September, 1986 in which a Division Bench of this Court passed the following interim order on 25th September, 1986 :- "in the meantime the suspension order, dated 12-9-86 contained in Annexure No. 1 to the writ petition shall remain stayed. It will be open for the opposite-parties to take or not to take work from the petitioner, but he shall be paid his salary regularly every month. It will also be open for the opposite- parties to post him anywhere, where he can be posted. "

(2.) AS per allegation the petitioner handed over the photo copy of the stay order to the opposite party on 26th September, 1986, but he did not honour the order and refused to pay him monthly emoluments and it is he who disregarded the order. The matter came before the learned Single Judge on 20th March, 1987 when a direction was given to the opposite-party to pay salary to the applicant though in the order the date of order, dated 25-9-86 has wrongly been mentioned due to typing mistake, but even then the monthly salary was not paid to the petitioner and thereby opposite-party committed contempt of Court.