BRAHMA DEO TIWARI Vs. ALOK TANDAN

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) This petition under Section 12 of the Contempt of Courts Act has been filed with the allegation that the order of this Court dated 10-12-1997 passed in Writ Petition No. 30944 of 1997 has not been honoured and the opposite parties have deliberately and wilfully violated it.

(3.) The applicant, claims to have been selected for the post of'Assistant Wasil Waqi Nawis' in Collectorate at Allahabad in 1987. The petitioner claimed that though he was appointed on the post of Collection peon in 1994, he was discharging the work of a typist. As he was not given appointment on the post of Waqi Nawis' he filed Writ Petition No. 37257 of 1993, this was disposed of with a direction for deciding representation of the petitioner. By an order dated 11-7-1997 the representation of the petitioner was rejected by the then Collector, holding that the there was no order of Board of Revenue. As according to the applicant, the order, was based on misconception, he filed Writ Petition No. 30944 of 1997. After hearing the parties, another single Judge of this Court vide its order dated 10-12-1997, directed the Collector to dispose of the representation after considering the order of the Board of Revenue dated 16-9-1992 and also consider his appointment to post of 'Wasi' if there is a vacancy within two months. Again, vide order dated 15-2-1998 the representation was rejected. The applicant then approached the Writ Court with an application under Article 215 of the Constitution, but the Court did not entertain it and observed that the applicant would approach the contempt Court under Section 12 of the Contempt of Courts Act.