BHAGWAN SWAROOP SINGH Vs. DHARM PAL SINGH

JUDGEMENT

(1.) This appeal under Section 19 of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act) is from the order dated 23-8-1996, passed by the learned single Judge in Civil Misc. Contempt Petition No. 75 of 1996, by which appellant has been found guilty of committing contempt of this Court and has been sentenced to undergo four months' simple imprisonment with a fine of Rs. 2000.00 and in default of payment of fine to undergo further simple imprisonment for one month.

(2.) Facts, in short, giving rise to this contempt appeal are that opposite party No. 1 Dharm Pal Singh was appointed assistant teacher in C. T. grade in July, 1973 in Swargiya Harbansh Singh Inter College, Rewari, district Fatehpur (then only a higher secondary school). The appointment of opposite party No. 1 was approved by the District Inspector of Schools on 23-9-1974. Hefurther claimed that he was promoted to L. T. grade on 29-12-1975 which was also approved by the District Inspector of Schools. However, on 14-6-1980 a first information report was lodged against him under Sections 419/420/468/171, I.P.C. alleging that he filed a forged marks sheet showing that he had passed B.Ed. examination from Magadh University, Bodh Gaya, Bihar. Opposite party No. 1 surrendered in Court. He remained in jail for 12 days and thereafter he was granted bail. Opposite party No. 1 was tried for the aforesaid offences in Criminal Case No. 1919 of 1992. However, he was ultimately acquitted by order dated 19-10-1993. After acquittal in the criminal case, opposite party No. 1 approached the Committee of Management and the District Inspector of Schools by making applications and requested that he should be allowed to resume his duties. When no orders were passed on the applications, opposite party No. 1 filed Writ Petition No. 3218 of 1994, under Article 226 of the Constitution. This writ petition was disposed of finally on 6-1-1994 by the following order :

(3.) Opposite party No. 1 filed a second writ petition registered as Writ Petition No. 9902 of 1995. In this case it was alleged that in spite of the order dated 6-1-1994 the District Inspector of Schools has not passed any order in spite of the reminders given. In para 16 of the writ petition it has been said that respondent No. 1 by its letter dated 11-11-1994 directed the petitioner to appear before him and the petitioner was asked by the respondent No. 1 to produce the copy of B.Ed. certificate otherwise the decision in the matter of the petitioner shall not be possible. In para 17 of the writ petition, it was further stated that in compliance with the order of the District Inspector of Schools, the petitioner obtained certified copy of the marks sheet of B.Ed. and migration certificate. On 22-2-1995 the petitioner again wrote a letter to the District Inspector of Schools annexing certified copy of the certificate which was not received by the respondent No. 1. Therefore, the petitioner sent the same by registered post on 24-2-1995. This writ petition was disposed of finally on 17-4-1995 by the following order :