STATE OF U P Vs. S K TYAGI

JUDGEMENT

(1.) -Heard Sri Murlidhar, learned senior advocate appearing for the contemnor Shashi Kumar Tyagi, advocate, Ghaziabad, Sri C. L. Pandey and Sri Rajendra Kumar, learned advocates appearing for the contemnor Rajiv Sharma, advocate, Ghaziabad.

(2.) THIS reference has come before us for taking proceedings under the Contempt of Courts Act on the basis of a report dated 1.6.1999 of Sri Vinod Kumar, IIIrd Additional Civil Judge (Junior Division), Ghaziabad made to Sri R. P. Misra, District Judge, Ghaziabad. The District Judge, Ghaziabad, forwarded the said report to this Court along with his letter dated 4.6.1999.

(3.) A perusal of the above shows that the allegations are that on 31.5.1999 at about 3.25 p.m. while Sri Vinod Kumar, IIIrd Additional Civil Judge (Junior Division), Ghaziabad, was studying the files of certain cases including Original Suit No. 481 of 1999, Devendra Kumar v. Somnath in his chamber the contemnor Sri Shashi Kumar Tyagi, Secretary, Bar Association, Ghaziabad, entered his chamber without his permission and occupied a chair and said that he (Sri Vinod Kumar) would have to grant a stay order in the case of Devendra Kumar v. Somnath. It was further alleged that the contemnor Sri Shashi Kumar Tyagi, advocate took out a bundle of rupees from his pocket and offered the same to Sri Vinod Kumar. At this Sri Vinod Kumar was astonished and told him that what the contemnor was doing is wrong and he ordered the contemnor to immediately leave his chamber. The contemnor Shashi Kumar Tyagi again alleged that in any event Vinod Kumar had to grant a stay order in this case.