STATE OF UTTAR PRADESH Vs. ASHOK KUMAR SAXENA

JUDGEMENT

(1.) This is a case of gross abuse of power by the High Court in its exercise of contempt jurisdiction. The High Court has not only misunderstood the scope of its own order but also been overzealous in the purported enforcement of the same with the result it has passed a totally unwarranted order casting a stigma on the appellant in Civil Appeal No. 748 of 1997 who was then the Engineer-in-Chief, Department of Irrigation, Lucknow (U. P.). The two S.L.Ps bracketed with the appeal are against the same order - one by the State Government and its officials and the other by the second respondent in the above appeal. For the sake of convenience, we will refer to the parties by their ranks in the Civil appeal and the petitioners in S.L.P. No. 21052 of 1996 as the State Government.

(2.) By order dated 7-10-1995 the State Govt. transferred the first respondent herein who was working as Assistant Engineer from Northern Division, Ganga Canal, Roorki to IIIrd Sub-Division, Dhampur, Irrigation Department, Moradabad. By the same order the second respondent who was working as Assistant Engineer at Dhampur was attached to Irrigation Department, Moradabad. The second respondent filed a writ petition in the High Court challenging the order of transfer. A Division Bench of the High Court dismissed the petition in limine on 16-10-1995 by the following order :

(3.) On 18-10-1995 the President's Rule was imposed in the State. Orders were issued by the Chief Secretary for reviewing various important orders passed by the previous Government between 1-10-95 and 18-10-95 including the orders of transfer of officials. Consequently the appellant passed an office order dated 31-10-1995 staying the order of transfer dated 7-10-1995. Accordingly the first respondent reported back at Northern Division, Ganga Canal, Roorki on 11-11-1995. On 19-12-1995 the appellant issued fresh orders of transfer in accordance with Government order dated 12-12-1995 posting the first respondent at Eastern Ganga Canal Construction Circle, Haridwar. The first respondent challenged the same as well as the earlier order dated 31-10-1995 in Writ Petition No. 4078 of 1996. On 1-2-1996 the High Court passed an order in the following terms :