Honble Sabhajeet Yadav, J.—This appeal is directed against the judgment and order of conviction and sentence dated 3-11-2004 passed by the learned Single Judge of this Court in Contempt Petition No. 2101 of 2004, Ram Babu Dwivedi v. Smt. Rama Devi & Ors., under the Contempt of Courts Act whereby the Appellant is convicted and sentenced for a period of 15 days imprisonment with fine of Rs. 1,000/- and in failure to deposit the aforesaid amount of fine the appellant is further directed to undergo imprisonment for a period of one week.

2. The facts of the case in brief are that the opposite party was working as Tax Moharrir-cum-Clerk in the Nagar Panchayat Kabrai District Mahoba. He was placed under suspension by an order dated 28-2-2003. The aforesaid order was challenged by him in writ petition No. 14661 of 2003. Vide order dated 4-4-2003 passed by writ Court the aforesaid order has been stayed. The interim order dated 4-4-2003 is reproduced as under :

“In view of the aforesaid submission it is hereby directed that the operation of the order passed by the respondent No. 5 dated 28-2-2003 (Annexure 1 of the writ petition) shall remain stayed and the petitioner will not be treated under suspension till the next date of listing. However, it is made clear that enquiry against the petitioner shall go on to which the petitioner undertakes to co-operate which will be taken to its logical end.”

3. It is alleged that this interim order was duly served on the opposite parties of the writ petition but they failed to comply with the order. The opposite party herein approached the District Magistrate who had also passed the orders directing the Executive Officer to comply with the order of writ Court, but the order was not complied with hence the contempt petition.

4. On 23-7-2003 while issuing notice to the opposite parties in the contempt petition they were given one more opportunity to comply with the order within a month. It appears that aforesaid orders were not complied with and the counter-affidavit was filed stating therein that the stay vacation application and Special Appeal against the order dated 4-4-2003 passed in the writ petition is pending. The opposite party No. 2 in the contempt application has filed his affidavit stating that he has already passed an order dated 19-8-2003 directing that the charge of post be handed over to the applicant but the opposite party No. 1 in the contempt petition did not comply with the aforesaid orders as such vide order dated 20-5-2004 the learned Single Judge gave an opportunity to the opposite party No. 1 in the contempt petition either to get the stay vacation application disposed of or obtain any interim stay order in special appeal. In the case no such order is obtained she was directed to appear in person. Thereafter, it appears that an order of removal of opposite party No. 1 was passed by the State Government. Opposite Party No. 1 has challenged her removal and obtained stay order from the Court, which is in operation. It was brought on record that the Special Appeal is time barred and till date the delay has not been condoned. The enquiry has been completed and the applicant has been exonerated from the charges but the opposite party No. 1 has not yet passed any final order thereon. It appears that on the basis of the aforesaid facts and circumstances of the case the Superintendent of Police, Mahoba was directed forthwith to take into custody Smt. Rama Devi opposite party No. 1 in contempt petition and to cause her production in custody before the Court on 18-8-2004. However, on 19-8-2004 learned Single Judge framed the charge against opposite party No. 1 which reads as under :

“You Smt. Rama Devi, Chairman, Nagarpalika, Kabrai District Mahoba show-cause why you should not be brought and punish under Section 12 of the Contempt of Courts Act for wilful and deliberate violation of order dated 4-4-2003 in writ petition No. 14661 of 2003. Your reply can be filed on or before 13-9-2004