AMAR BAHADURSINGH S O GIRIJASHINGH KUSHWAHA Vs. T D WASNIK EDUCATION OFFICER SECONDARY ZILLA PARISHAD BHANDARA

JUDGEMENT

(1.) THIS is a rule for contempt issued by my learned brother Mr. Justice Dudhat, J. , calling upon the respondents to show cause why they should not be dealt with for contempt of Court for having violated the order passed by the Civil Judge, Sr. Dn. , Bhandara on 18-12-1991 restraining the defendants/contemners from giving operation to the order of the respondent No. 1 dated 25-10-1991 which was also confirmed by the learned Additional District Judge, Bhandara on 13-3-1992 in Civil Appeal No. 4 of 1992 and in wilful disobedience of the orders passed by both the learned Courts below, issued a communication on 7-12-1992, addressed to Management directing to continue Shri R. B. Deshmukh as Incharge Head Master during the pendency of petitioners case.

(2.) WHERE the contempt does not occur in the presence and hearing of the Court, it must be brought to the attention of the Court by affidavits or sworn statements of the facts by the persons who witnessed them or have knowledge of the events. From the sworn facts, it must be shown prima facie that the contemner committed the contempt. After satisfying, the Rule came to be issued to the contemners directing to show cause why he should not be punished for the alleged contempt. This Court issued the Rule on 8-1-1993. Similarly, the interim relief as prayed vide Clause (ii) was also granted.

(3.) THE facts leading to the Rule are chequered but can be put in a short compass:--The petitioner Amar Bahadursingh-a teacher working in Lokmanaya Tilak Rashtriya Vidyalaya, Tumsar run by the Education Society, has filed the instant contempt petition against the respondents. However, according to the prayer, the petitioner sought action against the respondent No. 1 (Shri T. D. Wasnik), who was the Education Officer (Secondary) at the relevant time.