High Court

2. Learned counsel for the applicants prays for and is granted a week's time to file reply thereto.

3. Heard.

4. On dated 11.03.2025, this Court had passed the following order:- "Learned Standing Counsel on the basis of instructions received from the respondent submits that some time may be granted to file compliance affidavit. As prayed, ten days' time is granted. List this case in the week commencing 01.04.2025. In case, the compliance affidavit is not filed by the next date of listing, the respondent shall appear before this Court in person for the purposes of framing of charges for non compliance of the judgment and order of the Writ Court."

5. No compliance affidavit has been filed in pursuance to the aforesaid order. However, Sri Omkar Rana, District Inspector of Schools, Pratapgarh is present in the Court.

6. List this case on 09.04.2025.

7. In case, no compliance affidavit is filed by the next date then the officer present today shall again remain present before this Court. " Order dated 09.04.2025 "Application for deferment of contempt petition filed today is taken on record. Learned counsel for the applicant prays for and is granted a weeks' time to file reply thereto. List this case on 24.04.2025 in terms of earlier order. "

2. In pursuance of earlier order, respondent officer is present.

3. Shri Sunil Bajpai, learned Additional Chief Standing Counsel submits that application for deferment was filed on 09.04.2025. He further submits that entire facts were not considered by the Writ court at the time of passing the order, therefore, stay vacation application was filed which is pending and till the disposal of said application, contempt proceeding may be deferred.

4. It is evident from the record that all the grounds mentioned in the deferment application filed on 09.04.2025 were placed before the Writ Court and after considering all these facts, interim order was passed, therefore, deferment application dated 09.04.2025 filed by respondent is hereby rejected.

5. List this case on 20.05.2025.

6. On the next date, affidavit of compliance shall be filed, failing which, respondent shall again appear in person before this Court for the purpose of framing of charge."

4. Sri Sunil Bajpai, learned Additional Chief Standing Counsel has filed an application duly sworn by the respondent seeking grant of time either to place favourable order, which is to be obtained in the pending special appeal, or to file affidavit of compliance.

5. Learned counsel for the applicant submits that the special appeal is filed along with delay condonation application, which is defective one.

6. Considering the contents of the order passed by the writ Court as well as contents of affidavit filed in support of the application for grant of time, which is filed by the respondent, this Court is of the view that mere pendency of the defective special appeal is not a ground for deferment of the contempt proceedings. Accordingly, the application filed by the respondent seeking grant of time is hereby rejected.

7. List this case on 21.07.2025 at 11:30 A.M.

8. By the next date, the respondent shall file affidavit of compliance, failing which, he shall appear in person before this Court for the purposes of framing of charge. "

2. In pursuance of aforesaid order, the respondent officer is present and he filed application for grant of time to pursue a Special Leave Petition (Diary) No.39348 of 2025 (Omkar Rana, District Inspector of Schools vs. Alok Tripathi & others).

3. In the aforesaid petition, the order dated 20.05.2025 passed by this Court is under challenge as the learned counsel for the applicant has submitted that the present application filed by respondent/ opposite party is sheer abuse of the legal property and the conduct of the respondent reflects that he is violating the directions of the writ court, which was passed after giving proper opportunity of hearing to the learned State Counsel.

4. Considering the contents of the order passed by the writ court as well as the order passed by this Court on 20.05.2025 and the affidavit filed by the respondent alongwith the application for deferment, as it is undisputed fact that the order was passed by the writ court after giving proper opportunity of hearing to the learned State Counsel and the defective Special Appeal is filed, which is pending and it is also evident from the record that no any application for expedite is filed either before the Hon'ble Chief Justice or before the Hon'ble Senior Judge as the present contempt application is pending since December, 2024 and the petitioners are performing their duties as a teacher but the salary, which was being paid earlier is not being paid, therefore, the application filed by respondent is hereby rejected.

5. List this case on 28.07.2025.

6. In case, the affidavit of compliance is not filed in terms of earlier order, the respondent officer shall appear before this Court for the purposes of framing of charges."

2. In pursuance of the aforesaid order, affidavit of compliance filed by Shri Sunil Bajpai, learned Additional Chief Standing Counsel duly sworn by the respondent-Mr. Omkar Rana, District Inspector of Schools, Pratapgarh is taken on record.

3. Learned counsel for the applicants submits that order has not been complied with till date. It is also informed that S.L.P. preferred by the respondent-authority against the orders dated 24.04.2025 and 20.05.2025 passed by this Court for framing of charge, has already been dismissed by the Hon'ble Supreme Court.

4. Learned Additional Chief Standing Counsel prays for some time to verify the submissions made by the learned counsel for the applicants in regard to the dismissal of S.L.P.

5. List this case on 01.08.2025 at 11.30 a.m., in terms of the order dated 21.07.2025.

6. Officer, who is present today, shall again appear before this Court on the next date. Order Date :- 28.7.2025 VKS

2. Learned counsel for the applicants prays for and is granted a week's time to file reply thereto.

3. Heard.

4. On dated 11.03.2025, this Court had passed the following order:- "Learned Standing Counsel on the basis of instructions received from the respondent submits that some time may be granted to file compliance affidavit. As prayed, ten days' time is granted. List this case in the week commencing 01.04.2025. In case, the compliance affidavit is not filed by the next date of listing, the respondent shall appear before this Court in person for the purposes of framing of charges for non compliance of the judgment and order of the Writ Court."

5. No compliance affidavit has been filed in pursuance to the aforesaid order. However, Sri Omkar Rana, District Inspector of Schools, Pratapgarh is present in the Court.

6. List this case on 09.04.2025.

7. In case, no compliance affidavit is filed by the next date then the officer present today shall again remain present before this Court. " Order dated 09.04.2025 "Application for deferment of contempt petition filed today is taken on record. Learned counsel for the applicant prays for and is granted a weeks' time to file reply thereto. List this case on 24.04.2025 in terms of earlier order. "

2. In pursuance of earlier order, respondent officer is present.

3. Shri Sunil Bajpai, learned Additional Chief Standing Counsel submits that application for deferment was filed on 09.04.2025. He further submits that entire facts were not considered by the Writ court at the time of passing the order, therefore, stay vacation application was filed which is pending and till the disposal of said application, contempt proceeding may be deferred.

4. It is evident from the record that all the grounds mentioned in the deferment application filed on 09.04.2025 were placed before the Writ Court and after considering all these facts, interim order was passed, therefore, deferment application dated 09.04.2025 filed by respondent is hereby rejected.

5. List this case on 20.05.2025.

6. On the next date, affidavit of compliance shall be filed, failing which, respondent shall again appear in person before this Court for the purpose of framing of charge."

4. Sri Sunil Bajpai, learned Additional Chief Standing Counsel has filed an application duly sworn by the respondent seeking grant of time either to place favourable order, which is to be obtained in the pending special appeal, or to file affidavit of compliance.

5. Learned counsel for the applicant submits that the special appeal is filed along with delay condonation application, which is defective one.

6. Considering the contents of the order passed by the writ Court as well as contents of affidavit filed in support of the application for grant of time, which is filed by the respondent, this Court is of the view that mere pendency of the defective special appeal is not a ground for deferment of the contempt proceedings. Accordingly, the application filed by the respondent seeking grant of time is hereby rejected.

7. List this case on 21.07.2025 at 11:30 A.M.

8. By the next date, the respondent shall file affidavit of compliance, failing which, he shall appear in person before this Court for the purposes of framing of charge. "

2. In pursuance of aforesaid order, the respondent officer is present and he filed application for grant of time to pursue a Special Leave Petition (Diary) No.39348 of 2025 (Omkar Rana, District Inspector of Schools vs. Alok Tripathi & others).

3. In the aforesaid petition, the order dated 20.05.2025 passed by this Court is under challenge as the learned counsel for the applicant has submitted that the present application filed by respondent/ opposite party is sheer abuse of the legal property and the conduct of the respondent reflects that he is violating the directions of the writ court, which was passed after giving proper opportunity of hearing to the learned State Counsel.

4. Considering the contents of the order passed by the writ court as well as the order passed by this Court on 20.05.2025 and the affidavit filed by the respondent alongwith the application for deferment, as it is undisputed fact that the order was passed by the writ court after giving proper opportunity of hearing to the learned State Counsel and the defective Special Appeal is filed, which is pending and it is also evident from the record that no any application for expedite is filed either before the Hon'ble Chief Justice or before the Hon'ble Senior Judge as the present contempt application is pending since December, 2024 and the petitioners are performing their duties as a teacher but the salary, which was being paid earlier is not being paid, therefore, the application filed by respondent is hereby rejected.

5. List this case on 28.07.2025.

6. In case, the affidavit of compliance is not filed in terms of earlier order, the respondent officer shall appear before this Court for the purposes of framing of charges."

2. In pursuance of the aforesaid order, affidavit of compliance filed by Shri Sunil Bajpai, learned Additional Chief Standing Counsel duly sworn by the respondent-Mr. Omkar Rana, District Inspector of Schools, Pratapgarh is taken on record.

3. Learned counsel for the applicants submits that order has not been complied with till date. It is also informed that S.L.P. preferred by the respondent-authority against the orders dated 24.04.2025 and 20.05.2025 passed by this Court for framing of charge, has already been dismissed by the Hon'ble Supreme Court.

4. Learned Additional Chief Standing Counsel prays for some time to verify the submissions made by the learned counsel for the applicants in regard to the dismissal of S.L.P.

5. List this case on 01.08.2025 at 11.30 a.m., in terms of the order dated 21.07.2025.

6. Officer, who is present today, shall again appear before this Court on the next date. Order Date :- 28.7.2025 VKS