DIRECTOR OF EDUCATION Vs. VED PRAKASH JOSHI

JUDGEMENT

(1.) Leave granted

(2.) Order passed by learned single Judge of the Allahabad High Court giving certain directions while dealing with application filed under Sections 14 and 15 of the Contempt of Courts Act, 1971 (in short the Act) read with Article 215 of the Constitution of India, 1950 (in short the Constitution) is challenged in this appeal. The foundation of such application was alleged non-compliance of the directions given by the learned single Judge of the High Court in Writ Petition No. 129/84 by order dated 16th September, 1997. By the impugned order learned single Judge has given certain directions while disposing of the Contempt Petition.

(3.) According to the learned counsel for the appellants such directions could not have been given while dealing with application for contempt. Such exercise of power is not authorized in law. During the hearing of the application by the High Court the respondent No. 1 (applicant before the High Court) had contended that in view of the judgment passed by the learned single Judge in the Writ Petition the applicant was entitled to arrears of salary etc. The appellant and the functionaries of the State who were impleaded as respondents in the contempt proceedings took the stand that there was no positive direction for giving arrears of salary and, therefore, non-payment would not constitute wilful violation to attract action in terms of Section 12 of the Act.