DINESH PRASAD Vs. KAPIL DEV DIRECTOR SOCIAL WELFARE

JUDGEMENT

(1.) Heard Sri Yogesh Agarwal, learned counsel for the petitioner and Sri Rajendra Rai, learned counsel for the opposite party No. 6. The petitioner was working as Assistant Teacher in primary vidyalaya, in which he was appointed on 22.4.1996 by letter Annexure-1 to the petition. The petitioner joined the service on 23.4.1996. However, the petitioner was stopped from working and, therefore, the petitioner filed Writ Petition No. 47203 of 1999, in which counter-affidavit was called and the following interim order was also passed :

(2.) It is alleged that the order of this Court was served on Sri B. P. Sharma, District Social Welfare Officer, Kushinagar, Padrauna on 24.11.1999, that inspite of service of the order of this Court, the same has not been complied with. Hence, the contempt petition was filed.

(3.) Notice of contempt petition was issued to opposite party, Sri B.P. Sharma, District Social Welfare Officer, Kushinagar at Padrauna. He filed counter-affidavit on 14.5.2000. In para 3, he has mentioned that when he received the order, he perused the record and relevant documents and directed the petitioner to work on the post in question by passing an order in this regard on 24.4.2000, the copy of which is Annexure C.A. 1. Later on, similar affidavit was also filed by Sri Ram Kumar, District Magistrate of Kushinagar.