Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3745 of 2018 Applicant :- Mahendra Mishra And 3 Others Opposite Party :- Himanshu Kumar And 2 Other Counsel for Applicant :- Satyendra Narayan Singh Counsel for Opposite Party :- K.R. Singh,K.R. Singh
Hon'ble Suneet Kumar,J.
Affidavits and counter affidavits filed today on behalf of opposite parties no. 1, 2 & 3 are taken on record.
Heard learned counsel for the applicant and Sri Neeraj Tripathi, Additional Advocate General assisted by Sri K.R. Singh, learned Additional Chief Standing Counsel for the State.
Writ Court, in a matter pertaining to regularization while dismissing the writ petition passed order dated 05.10.2017. The relevant portion of the order is extracted:
"We, therefore, direct the Chief Secretary of the State of U.P. to take up the matter and initiate an enquiry into the illegal exercise of regularization made by the State Officials. The role of the officers of the Registration department including the then IG Registration, U.P. Allahabad shall be inquired and responsibility be fixed upon all those who were sitting at the helm of the affairs and those who were involved in the entire process of regularization. The recovery for misuse of State Exchequer be also initiated against all those guilty, after fixing their responsibility after affording them opportunity to explain. A report may be submitted by the Chief Secretary to the High Court through Registrar General, High Court, Allahabad within a period of four months from the date of receipt of certified copy of this order.
The learned Chief Standing Counsel is directed to communicate this decision for necessary compliance."
Pursuant thereof, Chief Secretary constituted a three member committee, which submitted its report dated 9 August 2018, filed by affidavit dated 25.08.2018, sworn by Inspector General of Registration, U.P., Allahabad.
Learned counsel for the applicant submits that the writ court order has not been complied for the reason that the report in compliance with the writ court order merely reiterates the earlier report, whereas, the Court had held that regularization of daily wager as clerks in the department of Registration was illegal made in connivance with the authorities in violation of the law.
Learned counsel for the opposite party submits that direction of the writ court has been duly complied by constituting a committee and the committee has returned finding that the regularization of the daily wagers was in accordance to the Government Order/Law prevailed on the said date and the officers had not committed any illegality. On the strength of the enquiry report, a petition has been filed before the writ court seeking review of the writ court order.
On specific query, learned counsel for the applicant submits that direction of the writ court insofar as constituting the committee and making an enquiry has been complied, though, it is not to the satisfaction of the applicants. Learned counsel for the applicant failed to demonstrate as to how the opposite party is guilty of wilful and deliberate violation of the writ court order.
In view thereof, contempt application is consigned to record.
Disposal of the application shall not preclude the applicants from assailing the enquiry report before the appropriate forum in accordance with law.
Order Date :- 29.11.2018 Mukesh Kr.