S P AGARWAL Vs. R R UPADHYA

JUDGEMENT

(1.) THESE are two contempt applications, one filed Under Section 12 of the Contempt of Courts Act, 1971. and the other filed under Article 215 of the Constitution for taking action against R R. Upadhya and S. N. Tewari, respondent, for wilful disobdience of the orders of this Court.

(2.) S. P. Agarwal, the applicant, was in the service of the District Cooperative Bank; Bijmor, as its Secretary. Certain charges were framed against him and he was placed under suspension on 6-2-1976. After enquiry he was removed from service on 11-6-1976. The Committee of Management of the Bank had been superseded and R. R. Upadhya, Deputy Registrar, Co-operative Societies, was appointed Administrator Under Section 35 of the U. P. Co-operative Societies Act. 1965, to manage the affairs of the Bank, S. P. Agarwal challenged the validity of the order of his dismissal before this Court by means of a writ petition under Article 226 of the Constitution. The writ petition (No. 1379 of 1976) was admitted on 31st August, 1976, and notices were issued to the Bank and to the Administrator. Along with the writ petition an application for stay was also filed. A Division Bench of this Court passed1 the following ex parte interim order:

(3.) IN his Writ Petn. No. 1379 of 1976, S. P. Agarwal had raised the question that the order of dismissal had been passed without obtaining prior approval of the Institutional Board as contemplated by regulation 87 of the U. P. Co-operative Employees Service Regulations, 1975. While issuing the ex parte interim order on 31-8-1976 the Bench had observed that the Administrator was free to pass fresh order after obtaining approval of the Institutional Board in accordance with Regulation 87 of the said Regulations. R. R. Upadhya, Administrator, took fresh proceedings and after obtaining the approval of the Institutional Board passed another order on 9th February, 1977, dismissing the applicant S. P. Agarwal from service S. P. Agarwal thereafter filed another petition in this Court (Writ Petn. No. 434 of 1977) challenging the validity of the order dated 9th February, 1977. On 11-4-1977. a Division Bench of this Court admitted the Writ petition and issued notices to the respondents which included the Bank and the Administrator. On the stay application, the Bench issued notice to the respondents. S. N. Tewari, Secretary of the Bank, filed a counter affidavit in the writ petition, in opposition to the stay application. The stay application came up for hearing before a Bench of this Court consisting of C. S. P. Singh and B. N. Sapru, JJ. on 19th May 1977. After hearing counsel for the parties the Bench issued the following interim order staying the operation of the impugned order: Heard counsel for the parties. By order dated 2cm0-1976 passed in Writ petition No. 1379 of 1976 the respondents were directed to pay the salary of the petitioner as and when it fell due. It transpires that the salary has not yet been paid to the petitioner on the alleged misconception on the part of the respon- dents that only subsistence allowance was required to be paid and not the full salary. The earlier stay order directed the payment of the entire salary and not the subsistence allowance alone and as such the respondents should pay the entire salary due to the petitioner up to date by 16-6-1977 and keep on paying the salary from June 1977 onwards as and when it fell due. It will however be open to the respondents not to take work from the petitioner. The operation of the impugned order terminating the service of the petitioner passed by the Administrator shall remain stayed meanwhile. The aforesaid order was, however, not obeyed and no salary was paid to S. P. Agarwal as directed by this Court,