RAJENDRA PRASAD PANDEY Vs. DINESH GUPTA

JUDGEMENT

(1.) Contempt is alleged of the judgment and order dated 09.07.2010 passed in Civil Misc. Writ Petition No. 16638 of 2009 (Rajendra Prasad Pandey v. State of U.P. and Anr.).

(2.) The facts are that the applicant Rajendra Prasad Pandey claims to have been working since 1993 as Assistant Review Officer and was confirmed w.e.f. 30.10.2003 by an order dated 23.09.2010 issued by the Joint Registrar (Establishment) of this Court. He avers that on 17.02.1997 a First Information Report was lodged against him under Sections 498-A, 204-B, 318 Indian Penal Code read with Section 201 Indian Penal Code wherein he was convicted in Sessions Trial No. 354 of 1998 under Sections 302 and 318 Indian Penal Code by the judgment and order dated 20.07.2005 of the Additional District Judge, Allahabad. He alleges to have filed a Criminal Appeal No. 3063 of 2005 before the High Court at Allahabad which was disposed of on 08.09.2005 by setting aside his conviction under Section 302 and 318 Indian Penal Code and remanding the matter to the trial court for the offences under Sections 498-A, 304-B, 318 and 201 Indian Penal Code. The applicant alleges to have filed a Special Leave to Appeal (Criminal) No. (S) 6359 of 2005 wherein the Apex Court issued notice on 03.01.2006 and stayed the operation of that part of the judgment directing re-trial of the case and such order was confirmed on 03.01.2007 and leave to appeal was granted on 02.11.2007.

(3.) The applicant alleges to be the senior most Assistant Review Officer and became eligible for promotion to the post of Review Officer in the year 2003-04 but due to tendency of the criminal case his promotion was deferred whereupon he moved a representation on 27.07.2007 before the competent authority after his conviction in the Sessions Trial was stayed. A charge sheet had been issued and he had been suspended, but the order of suspension was subsequently withdrawn.