The mere filing or pendency of an application to vacate an interim order does not suspend or nullify its binding effect. Judicial orders must be strictly obeyed until specifically stayed or set aside by a competent court to maintain the rule of law and prevent institutional collapse.

JUDGMENT :

Kshitij Shailendra, J.

RE: ARE WE PREPARED, RATHER ADAMENT TO MAKE A MOCKERY AND UNDERMINE MAJESTY OF OUR OWN COURTS AND THE LEGAL SYSTEM

Civil Misc. Impleadment Application No.7 of 2025

1. This application has been filed by the applicant with a prayer to implead Mr. Prakash Singh, presently posted as District Inspector of Schools, Ghazipur as opposite party No.4 in the array of parties of this contempt application.

2. The application is allowed

3. Learned counsel for the applicant is permitted to carry out necessary impleadment in the array of parties during course of the day.

Re: Contempt Application:

4. Pursuant to previous order of this Court, Mr. Prakash Singh is personally present in the Court, who has been duly identified by Shri Brijesh Kumar, learned Standing Counsel.

5. An affidavit has been filed by Mr. Prakash Singh explaining the reason for non-compliance of interim order passed by this Court stating that stay vacation application has been filed on behalf of State of U.P. in the writ petition on 12.05.2022 and a listing application has also been filed on 13.05.2026 and therefore the order has not been complied with. A request has been made to defer further proceedings of the present contempt application till final outcome of the stay vacation application. It is also submitted that 25.05.2026 is the next date fixed in the writ petition.

6. Learned counsel for the applicant submits that current salary of the petitioner-applicant was never paid in pursuance of interim order dated 18.04.2022 passed by the writ Court and, therefore, the order has been deliberately flouted. The writ petition was filed in the year 2017 and interim order was passed in the year 2022. A Special Appeal No. 385 of 2022 filed thereagainst was dismissed as withdrawn on 06.07.2022 with liberty to the Committee of Management, appellant therein, to file an application for recall of the order impugned.

7. Counsel for the applicant is not aware as to whether Committee of Management has filed any application in the pending writ petition or not, however, the stand taken by the DIOS in the affidavit filed today is that mere filing of stay vacation application at the instance of State of U.P. is a valid ground for non-compliance of the interim order, which may not have been vacated so far.

8. Learned Standing Counsel, placing reliance on the judgment of Hon'ble Supreme Court in Vinay Kumar Pandey v. Committee of Management Shri Gandhi Inter College and another : Civil Appeal Nos.4007-4008 of 2020, decided on 08.12.2020 and Anil Kumar Sisodiya v. Virendra Kumar Mishra : SLP No.13990 of 2024, decided on 24.05.2024 submits that till disposal of stay vacation application, contempt proceedings should be deferred.

9. I have considered the submissions made.

10. In the present case, period of four years has passed since when the interim order was passed and this contempt application is also pending for the last four years.

11. In case of Vinay Kumar Pandey (supra), an ad-interim order dated 15.07.2019 was passed by a learned Single Judge of this High Court in a writ petition staying operation of the order of the Director dated 03.06.2019 till the next date of listing, however, making any appointment subject to final decision in the writ petition. Special appeal was preferred against the said order in which an observation was made that instead of entertaining an appeal against an interlocutory or