K L SHARMA Vs. K G RASTOGI

JUDGEMENT

(1.) This appeal has been filed under Section 19 of the Contempt of Courts Act, 1971, against the judgment and order dated 18-4-1994, passed by the learned Single Judge, whereby he held that prima facie criminal contempt has been made out. We have heard Sri S.N.Verma, Senior Advocate for the appellant and Sri M.N.Sharma for the opposite party.

(2.) From the record of the case, it appears, that a retired District Judge was re-employed on yearly basis by the Government of U.P.in consulation with the High Court, as a Judge of the Family Court at Lucknow. In December, 1989 a new Government came into office and took a policy decision to terminate all re-employments in the State. In pursuance of this uniform policy decision, the State Government also terminated the re-employment of the opposite party.

(3.) The appellant was then working as the Judicial Secretary and Legal Remembrancer to the Government. The opposite party filed a Writ Petition in the High Court, challenging the termination order dated 19-12-1989 and obtained an order of stay on 17-5-1990. He assumed the office of the Principal Judge, Family Court of Lucknow on 18/05/1990. In July, 1990 he filed an application in this Court, which was registered as Civil Contempt Case No. 508 of 1990, under Section 12 of the Contempt of Courts Act, 1971, for initiating Civil Contempt, on the ground that the appellant had committed disobedience of the stay order by not paying the salary and by not restoring him all the powers and amenities.