LAWS(ALL)-2003-8-94

KRISHNA MOHAN PRASAD SAXENA Vs. MAHESH CHANDRA VERMA

Decided On August 11, 2003
KRISHNA MOHAN PRASAD SAXENA Appellant
V/S
MAHESH CHANDRA VERMA Respondents

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard counsel for parties and perused the records. The petitioner was working as Nazul Clerk in Nagar Palika Parishad, Mainpuri. He was suspended vide order dated 7-1-2002. The petitioner challenged the aforesaid order of suspension by means of Civil Misc. Writ Petition No. 32995 of 2002 and an interim order dated 12-8-2002 was passed by this Court by which the order of suspension dated 7-1-2002 was stayed till next date of listing. The interim order dated 12-8-2002 is as under: "issue notice to respondent Nos. 1 and 2. The petitioner is directed to serve the respondent Nos. 1 and 2 personally apart from usual mode of service office to hand over the notices to the counsel for the petitioner. List on 23-9-2002. Until the date of next listing, the operation of the order of suspension dated 7-1-2002 shall remain stayed. Sd/ J. Sahai. 12-8-2002. "

(2.) THE petitioner was only allowed to put signature on the Attendance Register but was not allowed to work and was paid salary for 9 days in October 2002 as such he filed a Contempt Petition No. 512 of 2003 in which this Court issued notices to the Opp. Parties on 17-2-2003. THE counter-affidavit had been filed in the aforesaid contempt petition. It is submitted that the Opp. Parties have deliberately, intentionally and willfully continued departmental proceedings inspite of fact that the suspension order was stayed by this Court and thus the Opp. Parties have committed contempt of this Court's order dated 12-8-2002.