By the Court—This special appeal is preferred against the judgment and order of the Hon’ble Single Judge dated 28.10.2005 dismissing contempt petition No. 3194 of 2004 filed by the appellant.

2. Learned Counsel for the appellant submitted that the contempt petition of the appellant has wrongly been rejected by the Hon’ble Single Judge on the ground that the earlier Contempt petition having already been dismissed finding that no case for contempt is made out, since no specific direction has been issued by the writ Court, second contempt petition without any change in the circumstances, in respect to the same order of the Court, is liable to be rejected.

3. However, the Court prima facie found that the appeal under Chapter VIII Rule 5 of the Rules of the Court itself is not maintainable. Shri Yogesh Kumar Saxena, learned Counsel for the appellant placed reliance on a Division Bench judgment of this Court in the case of A.P. Verma, Principal Secretary, Medical Health and Family Welfare, U.P. Lucknow and others v. U.P. Laboratory Technicians Association, Lucknow and others, 1998 (3) UPLBEC 2333 and submitted that the special appeal under Chapter VIII Rule 5 would be maintain