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2021 Supreme(UK) 646

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Udairaj Singh - Appellant
Versus
Ravi Mehta - Respondent
Contempt Petition No. 328 of 2018
Decided On : 20-10-2021

Advocates Appeared:
J.S. Bisht, Advocate

Compliance with a Writ Court order is a crucial factor in determining the outcome of a Contempt Petition.

Headnote:

Contempt Petition - Compliance with Writ Court Order - The court found that the order passed by the Writ Court had been complied with, and therefore closed the Contempt Petition.

Fact of the Case:

The Writ Court had directed the Competent Authority to conclude the pending inquiry against the petitioner within three months. The petitioner alleged wilful disobedience of the order and filed a Contempt Petition.

Finding of the Court:

The court found that the order passed by the Writ Court had been complied with, as the petitioner had been reinstated in service and had joined duties as an Assistant Teacher.

Issues: Alleged wilful disobedience of the order passed by Writ Court, compliance with the Writ Court order.

Ratio Decidendi: The court's decision was influenced by the compliance with the Writ Court order, as evidenced by the reinstatement of the petitioner in service and the joining report submitted by the petitioner.

Final Decision: The Contempt Petition was closed, and the contempt notice issued to the respondent was discharged.

JUDGMENT

Manoj Kumar Tiwari, J. - Writ Court had directed the Competent Authority to conclude the pending inquiry against the petitioner within three months, in the light of judgment rendered in Special Appeal No. 161 of 2007.

2. Alleging wilful disobedience of the order passed by Writ Court, petitioner had filed this Contempt Petition.

3. Mr. J.S. Bisht, learned Standing Counsel has produced in Court one order dated 22.07.2020 passed by District Education Officer, Elementary, Udham Singh Nagar, which is taken on record. Perusal of the said order indicates that State had filed Special Appeal No. 835 of 2019 challenging the order passed by Writ Court and upon dismissal of the said Special Appeal, petitioner has been reinstated in service. Learned Standing Counsel has also produced in Court the joining report submitted by the petitioner before Deputy Education Officer, Bazpur, which is also taken on record. Perusal of the said report indicates that petitioner had joined duties as Assistant Teacher in Government Primary School Gangapur, Bazpur on 23.07.2020.

4. In view of the aforesaid facts, this Court is satisfied that the order passed by Writ Court has now been complied with.

5. Accordingly, the Contempt Petition is closed. Contempt notice issued to respondent is hereby discharged.

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