INDRAPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS application has been moved for tak ing action in contempt against the Sub-Divisional Officer who is alleg ed to have passed the order of removal. The petitioner was the Pra dhan of the Gaon Sabha. Proceedings against him were taken for his removal and thereafter an order of removal was passed. It is also alleged that some appeal was preferred to the District Magistrate against that order. Having lost everywhere the petitioner filed a writ petition in this Court and in the writ petition also prayed for an in terim relief. The interim order was passed by this Court on April 4, 1975 in the following terms:

(2.) IT is now alleged that after the order had been passed the respondent forcibly took away from the petitioner the papers and documents concerning the office of Pradhan. This act of respondent is said to amount to committing of contempt by disobedience of the order dated April 4, 1975.

(3.) THE Court's order was that further proceedings will not be taken for the removal of the Pradhan which means the stay of proceedings anterior to the order of removal and not subsequent to the order of removal. As the order of removal had already been passed before the interim order was issued, the interim order was of no utility and was not capable of being disobeyed.