TRIBENI SINGH Vs. RADHA RAMAN AGARWAL

JUDGEMENT

(1.) THIS is a petition by Tribeni Singh praying that the opposite party be punished for committing contempt of Court.

(2.) THE allegations on which this petition is based are as follows.

(3.) THE petitioner was appointed as assistant agricultural inspector on 27 August 1958. On 12 July 1964 he was served with a suspension order dated 4 July 1962. Later the same day he was served with a chargesheet dated 11 July 1962 in which he was accused of having dishonestly misappropriated huge quantities of gram belonging to the Government. The petitioner submitted his reply on 26 August 1962 denying the charge leveled against him whereupon a departmental enquiry was started against him. During the pendency of that enquiry, on 20 April 1965, a first information report was also lodged by the District Agricultural Officer against the petitioner under Sections 409 and 468, Indian Penal Code. The police investigated the case and on 29 March 1966 submitted a chargesheet under Section 409 Indian Penal Code, against the petitioner in the Court of the Judicial Officer, Etah. While the investigation was going on the opposite party on 14 February 1966, passed an order of dismissal against the petitioner which was received by him on 3 March 1966. According to the petitioner as the matter was sub judice the opposite party committed contempt of Court by passing the order of dismissal referred to above.