High Court

3. The order-sheet reveals that the notice was issued to the respondents on 10.04.2024. As per the office report dated 10.05.2024 based on the report of Chief Judicial Magistrate, Lucknow and Chief Judicial Magistrate, Kasganj, notice was served on respondent nos.1 & 2, namely, Mr. Pratap Singh Bhagel, Director Basic Education, U.P. Nishatganj, Lucknow and Mr. Rajeev Kumar Yadav, District Basic Education Officer, Kasganj. Thereafter, respondent no.2 was transferred as such an impleadment application filed and the same was allowed for impleading new incumbent, namely, Mr. Surya Pratap Singh, District Basic Education Officer, Kasganj as respondent no.3 vide order dated 05.09.2024. As per the office report dated 16.01.2025, notice was served on respondent no.3. The matter was listed on 17.01.2025, but till then, no affidavit of compliance was filed either by respondent no.1 or by respondent no.3. On 17.01.2025, it was ordered for listing the matter in the week commencing 10.02.2025 on the request of the State Counsel and the Court observed that in case affidavit of compliance is not filed, respondent nos.1 and 3 will appear for the purpose of framing of charges. On 10.02.2025, Mr. Pratap Singh Baghel made a statement before this Court that he may be permitted three weeks' time to pursue his special appeal defective and in case any positive order is not passed in the special appeal, he would definitely comply with the order dated 21.04.2023 passed in Writ-A No. 2317 of 2019. On this statement of respondent no.1, order was passed for listing the case on 17.03.2025. On 17.03.2025, order was passed for listing the case today for framing charge against Mr. Pratap Singh Baghel.

4. The orders dated 17.01.2025, 10.02.2025 and 17.03.2025 passed in the present case are as under:- Order dated 17.01.2025: "1. The present contempt application has been preferred for alleged non-compliance of the judgment and order dated 21.04.2023. The relevant extract of the said judgment is quoted hereinbelow:- "The impugned orders dated 23.07.2018 as well as the order dated 30.06.2011 are quashed with the direction that the petitioners shall be permitted to continue to serve in the institution and shall be paid their salary in terms of the approval of appointment passed in their favour on 28.04.2010 in respect of the petitioners no.1 and 2 separately. The arrears of salary shall be paid within three months."

2. Learned counsel for the applicant has submitted that till date, neither the current regular monthly salary nor the arrears has been paid, as directed by the writ court.

3. On the other hand, learned State Counsel, on the basis of instructions received from the respondent no. 1 Shri Pratap Singh Baghel has submitted that a Special Appeal (Defective) No. 276 of 2024 has been filed so, the proceedings of the present contempt application may be deferred, till the decision in the special appeal.

4. In the special appeal, the defect has yet not been removed nor any interim order has been granted. Hence, the judgment and order passed by the writ court is still operative and is in existence and the request for deferment of the contempt application is hereby condoned.

5. At this stage, learned State counsel prays for and is granted three weeks time for filing compliance affidavit, failing which, the respondent nos. 1 and 3 will appear for the purpose of framing of charges.

6. List this case in the week commencing 10.02.2025." Order dated 10.02.2025: "1. In compliance of this Court's order dated 17.1.2025, Sri Pratap Singh Baghel, Director Basic Education, U.P., Lucknow, is present before this Court.

2. Sri Pratap Singh Baghel, Director Basic Education, U.P., Lucknow, has made a statement before this Court that he may be granted three weeks' time to pursue his Special Appeal and if within next three weeks, any positive order is not passed in the Special Appeal, he would definitely comply with the order dated 21.4.2023 passed in Writ-A No.2317 of 2019.

3. In view of the aforesaid categorical statement given by Sri Pratap Singh Baghel, Director Basic Education, U.P., Lucknow, list this matter on 17.3.2025 in top ten cases, in terms of earlier order dated 17.1.2025.

4. If by the next date the order passed by the writ Court is not complied with, Opposite Parties No.1 and 3 shall appear before this Court in person." Order dated 17.03.2025: "Applications for deferment along with affidavits filed today in Court are taken on record. In pursuance to the order of this Court dated 10.02.2025, Sri Pratap Singh Baghel, Director Basic Education, U.P., Lucknow, is present in Court. Sri Surya Pratap Singh, Basic Shiksha Adhikari, Kashganj, is also present. They have been identified by Sri Mohit Jauhari, learned Standing Counsel. Admittedly, the order passed by the writ Court has still not been complied with. A statement had been given by Sri Baghel on 10.02.2025, which reads as under:- "2. Sri Pratap Singh Baghel, Director Basic Education, U.P., Lucknow, has made a statement before this Court that he may be granted three weeks' time to pursue his Special Appeal and if within next three weeks, any positive order is not passed in the Special Appeal, he would definitely comply with the order dated 21.4.2023 passed Learned Standing Counsel states that every endeavour was made to have the special appeal taken up but it could not be taken up and thus he prays that a week's further time be granted to pursue the special appeal. Writ-A No.2317

2019." The Court is not inclined to grant any further time considering the categoric statement that had been made by Sri Baghel before this Court for being granted three weeks time to pursue the special appeal and that in case no positive order is passed he would comply with the order dated 21.04.2023 passed by the writ Court. Considering that the order passed by the writ Court has still not been complied with as such Sri Baghel runs in contempt of the order passed by the writ Court as well as his statement which had been given before the contempt Court on 10.02.2025. In view of aforesaid, list this case on 25.03.2025 for framing of the charges against Sri Pratap Singh Baghel, Director Basic Education, U.P., Lucknow, on which date he shall remain present before this Court."

5. Despite the undertaking given by Mr. Pratap Singh Baghel before this Court on earlier two occasions, a deferment application is filed today on the ground that special appeal is pending. It is undisputed fact that the special appeal was filed after more than one year from the date of order passed by the writ Court and delay has not been condoned in the said appeal till today.

6. It is informed by Sri Mohit Jauhari, learned Standing Counsel that a Special Leave Petition bearing Diary No. 15433 of 2025 has been preferred before Hon'ble Supreme Court against the aforesaid order dated 17.03.2025. A request has again been made today by Mr. Mohit Jauhari and Mr. Pratap Singh Baghel that one day's time may be granted for compliance of the order of the writ Court.

7. List this case tomorrow i.e. on 26.03.2025 at 11:30 A.M.

8. By the next date, in case affidavit of compliance is not filed, charge shall be framed against the respondents.

9. The officers i.e. respondent nos.1 and 3 present today shall again appear in person before this Court tomorrow. Order Date :- 25.3.2025 Arpan

3. The order-sheet reveals that the notice was issued to the respondents on 10.04.2024. As per the office report dated 10.05.2024 based on the report of Chief Judicial Magistrate, Lucknow and Chief Judicial Magistrate, Kasganj, notice was served on respondent nos.1 & 2, namely, Mr. Pratap Singh Bhagel, Director Basic Education, U.P. Nishatganj, Lucknow and Mr. Rajeev Kumar Yadav, District Basic Education Officer, Kasganj. Thereafter, respondent no.2 was transferred as such an impleadment application filed and the same was allowed for impleading new incumbent, namely, Mr. Surya Pratap Singh, District Basic Education Officer, Kasganj as respondent no.3 vide order dated 05.09.2024. As per the office report dated 16.01.2025, notice was served on respondent no.3. The matter was listed on 17.01.2025, but till then, no affidavit of compliance was filed either by respondent no.1 or by respondent no.3. On 17.01.2025, it was ordered for listing the matter in the week commencing 10.02.2025 on the request of the State Counsel and the Court observed that in case affidavit of compliance is not filed, respondent nos.1 and 3 will appear for the purpose of framing of charges. On 10.02.2025, Mr. Pratap Singh Baghel made a statement before this Court that he may be permitted three weeks' time to pursue his special appeal defective and in case any positive order is not passed in the special appeal, he would definitely comply with the order dated 21.04.2023 passed in Writ-A No. 2317 of 2019. On this statement of respondent no.1, order was passed for listing the case on 17.03.2025. On 17.03.2025, order was passed for listing the case today for framing charge against Mr. Pratap Singh Baghel.

4. The orders dated 17.01.2025, 10.02.2025 and 17.03.2025 passed in the present case are as under:- Order dated 17.01.2025: "1. The present contempt application has been preferred for alleged non-compliance of the judgment and order dated 21.04.2023. The relevant extract of the said judgment is quoted hereinbelow:- "The impugned orders dated 23.07.2018 as well as the order dated 30.06.2011 are quashed with the direction that the petitioners shall be permitted to continue to serve in the institution and shall be paid their salary in terms of the approval of appointment passed in their favour on 28.04.2010 in respect of the petitioners no.1 and 2 separately. The arrears of salary shall be paid within three months."

2. Learned counsel for the applicant has submitted that till date, neither the current regular monthly salary nor the arrears has been paid, as directed by the writ court.

3. On the other hand, learned State Counsel, on the basis of instructions received from the respondent no. 1 Shri Pratap Singh Baghel has submitted that a Special Appeal (Defective) No. 276 of 2024 has been filed so, the proceedings of the present contempt application may be deferred, till the decision in the special appeal.

4. In the special appeal, the defect has yet not been removed nor any interim order has been granted. Hence, the judgment and order passed by the writ court is still operative and is in existence and the request for deferment of the contempt application is hereby condoned.

5. At this stage, learned State counsel prays for and is granted three weeks time for filing compliance affidavit, failing which, the respondent nos. 1 and 3 will appear for the purpose of framing of charges.

6. List this case in the week commencing 10.02.2025." Order dated 10.02.2025: "1. In compliance of this Court's order dated 17.1.2025, Sri Pratap Singh Baghel, Director Basic Education, U.P., Lucknow, is present before this Court.

2. Sri Pratap Singh Baghel, Director Basic Education, U.P., Lucknow, has made a statement before this Court that he may be granted three weeks' time to pursue his Special Appeal and if within next three weeks, any positive order is not passed in the Special Appeal, he would definitely comply with the order dated 21.4.2023 passed in Writ-A No.2317 of 2019.

3. In view of the aforesaid categorical statement given by Sri Pratap Singh Baghel, Director Basic Education, U.P., Lucknow, list this matter on 17.3.2025 in top ten cases, in terms of earlier order dated 17.1.2025.

4. If by the next date the order passed by the writ Court is not complied with, Opposite Parties No.1 and 3 shall appear before this Court in person." Order dated 17.03.2025: "Applications for deferment along with affidavits filed today in Court are taken on record. In pursuance to the order of this Court dated 10.02.2025, Sri Pratap Singh Baghel, Director Basic Education, U.P., Lucknow, is present in Court. Sri Surya Pratap Singh, Basic Shiksha Adhikari, Kashganj, is also present. They have been identified by Sri Mohit Jauhari, learned Standing Counsel. Admittedly, the order passed by the writ Court has still not been complied with. A statement had been given by Sri Baghel on 10.02.2025, which reads as under:- "2. Sri Pratap Singh Baghel, Director Basic Education, U.P., Lucknow, has made a statement before this Court that he may be granted three weeks' time to pursue his Special Appeal and if within next three weeks, any positive order is not passed in the Special Appeal, he would definitely comply with the order dated 21.4.2023 passed Learned Standing Counsel states that every endeavour was made to have the special appeal taken up but it could not be taken up and thus he prays that a week's further time be granted to pursue the special appeal. Writ-A No.2317

2019." The Court is not inclined to grant any further time considering the categoric statement that had been made by Sri Baghel before this Court for being granted three weeks time to pursue the special appeal and that in case no positive order is passed he would comply with the order dated 21.04.2023 passed by the writ Court. Considering that the order passed by the writ Court has still not been complied with as such Sri Baghel runs in contempt of the order passed by the writ Court as well as his statement which had been given before the contempt Court on 10.02.2025. In view of aforesaid, list this case on 25.03.2025 for framing of the charges against Sri Pratap Singh Baghel, Director Basic Education, U.P., Lucknow, on which date he shall remain present before this Court."

5. Despite the undertaking given by Mr. Pratap Singh Baghel before this Court on earlier two occasions, a deferment application is filed today on the ground that special appeal is pending. It is undisputed fact that the special appeal was filed after more than one year from the date of order passed by the writ Court and delay has not been condoned in the said appeal till today.

6. It is informed by Sri Mohit Jauhari, learned Standing Counsel that a Special Leave Petition bearing Diary No. 15433 of 2025 has been preferred before Hon'ble Supreme Court against the aforesaid order dated 17.03.2025. A request has again been made today by Mr. Mohit Jauhari and Mr. Pratap Singh Baghel that one day's time may be granted for compliance of the order of the writ Court.

7. List this case tomorrow i.e. on 26.03.2025 at 11:30 A.M.

8. By the next date, in case affidavit of compliance is not filed, charge shall be framed against the respondents.

9. The officers i.e. respondent nos.1 and 3 present today shall again appear in person before this Court tomorrow. Order Date :- 25.3.2025 Arpan