VIJAY KUMAR SRIVASTAVA Vs. RAMESH CHANDRA SRIVASTAVA

JUDGEMENT

(1.) This contempt appeal under Sec. 19 of the Contempt of Courts Act is directed against the judgment and order of the learned Single Judge dated 9.11.1995 passed in Contempt Petition No.1070 of 1991 (Ramesh Chandra Srivastava Vs. J.R. Chaudhary, Principal, Government Industrial Training Institute District Ballia and others.

(2.) The contempt Court under the order in appeal has held the appellant namely Vijay Kumar Srivastava guilty of deliberate disobedience of the interim order passed by the writ Court in Writ Petition No.13902 of 1991 which reads as follows :-

(3.) It has been recorded that the earlier incumbent to the office of the Principal, (namely, Mr. J.R. Chaudhary), Government Industrial Training Institute District Ballia complied with the interim order and passed an specific order on 13.5.1991 in favour of the writ-petitioner. The contemnor Vijay Kumar Srivastava, however on joining as Principal of the same Institute on 9.7.1993 had refused work vide order dated 6.11.1993 to the writ-petitioner. It has been recorded that it was within the powers of the Principal to appoint a daily wager and he had deliberately circumvented the interim order of the writ Court. It has been further recorded that there has been no attempt by the appellant-contemnor to get the interim order dated 2.5.1991, nullified modified or vacated. The camouflage of seeking approval of opposite party no.1 in the matter of compliance of the interim order of this Court has not been accepted. The Court has noticed that a counter affidavit had been filed in the matter as early as on 9.3.1994. It has lastly been recorded that no apology has been tendered nor any attempt was made to explain the conduct. On these findings, it has been held that there has been wilful disobedience of the interim order amounting to civil contempt.