Neutral Citation No. - 2025:AHC-LKO:38644 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3458 of 2024 Applicant :- Ramji Pandey Opposite Party :- Sri O.P. Gupta Dy Director Of Secondary Edu. Ayodhya Counsel for Applicant :- Sanjay Misra,Arvind Kumar Pandey,Pratyush Mishra Hon'ble Rajeev Singh,J. 1. On 02.07.2025, following order was passed: "1. On 28.05.2025, the following order was passed by this Court. "1. On 15.5.2025, following order was passed :- 1. On 23.4.2025, following order was passed :- 1. Heard learned counsel for the applicant and learned Standing Counsel. 2. This application under Section 12 of the Contempt of Courts Act has been filed alleging wilful disobedience of the judgment and order dated 25.04.2024 passed on Writ- A No. 2202 of 2024. 3. Learned counsel for the applicant submits that the order of writ Court has already been served on the respondent, but till today, the same has not been complied with. It is further submitted that against the order of writ Court, a Special Appeal (D) No. 3 of 2025 has been filed and till today, even the delay has not been condoned. It is, thus, submitted that the respondent may be summoned and punished for wilfully disobeying the order of writ Court. 4. Shri Amrendra Singh, learned Standing Counsel appearing for the respondent, on the other hand, submits that in the identical matter, the proceeding has been stayed by the Hon'ble Supreme Court. However, he does not dispute the fact that in the present case, the Special Appeal (D) No. 3 of 2025 was preferred, but till today, the delay has not been condoned. 5. Considering the submissions advanced by the learned counsel for the applicant, learned Standing Counsel as well as going through the order of writ Court and the contents of the deferment application filed by the respondent, it is evident that against the order of writ Court, a defective Special Appeal has been preferred, in which, delay has not been condoned. 6. In view of above, the grounds taken in the affidavit filed in support of the deferment application are misconceived and the deferment application is hereby rejected. 7. List this case on 15.05.2025. 8. By the next date of listing, the respondent is directed to place some positive order in the pending Special Appeal or shall appear before this Court for the purpose of framing of charges. 2. Sri Mohit Jauhari, learned Standing Counsel filed application for deferment alongwith short counter affidavit duly signed by Mr. O.P. Gupta, Dy. Director Of Secondary Education, 9th Region, Ayodhya, same is taken on record. 3. Learned Standing Counsel submits that benefit of the judgment passed in Writ A No.2202 of 2024 was given to Mr. Radhey Shyam Pandey, thereafter, he preferred Contempt Application No.3079 of 2024. Special Leave to Appeal (C) No.2713 of 2025 was preferred by the respondent against the contempt proceedings in the case of Radhey Shyam Pandey. In the aforesaid, Special Leave to Appeal, contempt proceedings has been stayed till the disposal of Special Appeal. He further submits that Special Appeal is also preferred against the contempt proceeding initiated by the applicant in the present case. 4. It is undisputed fact that Special Appeal filed by the respondent against the present contempt proceeding is defective till today, therefore, application for deferment is hereby, rejected. 5. At this stage, learned counsel for the respondent as well as respondent officer requested for some time to file affidavit of compliance. 6. List this case on 28.5.2025. 7. In case, by the next date of listing, affidavit of compliance is not filed by the respondent officer, he shall appear before this Court for the purposes of framing of charge. 2. Sri Mohit Jauhari, learned Standing Counsel informs that Special Appeal, in which, order of the writ court is under challenged is listed today before Court No.1 at Sr. No.3046 and urgency has already been requested before the Division Bench and there is a possibility that aforesaid Special Appeal be taken up today. He further requested that present case may be deferred and grant some time to file affidavit of compliance. 3. Prayer is allowed. 4. List this case on 2.7.2025. 5. In case, affidavit of compliance is not filed by the next date, officer who is present today, shall again appear before this Court for the purposes of framing of charge." 2. The respondent, who is present, has requested for grant of some more time to file affidavit of compliance. 3. Considering the aforesaid request, list this case on 8th July, 2025 at 11:30 a.m. 4. In case, by the next date of listing affidavit of compliance is not filed, charge(s) shall be framed. 5. The officer, who is present, shall again appear in person before this Court. " 2. In pursuance of earlier order, opposite party- O.P. Gupta Dy Director Of Secondary Education, Ayodhya is present before this Court along with the affidavit of compliance, which is taken on record. 3. Shri Mohit Johri, learned Standing Counsel appearing for the opposite party submits that the order of Writ Court has already been complied with, subject to decision on pending special appeal. Therefore, the present contempt application may be dismissed. 4. Considering the submission of counsel for the opposite party as well as contents of affidavit of compliance filed today, it is evident that the order of Writ Court has already been complied with, therefore, no contempt is made out against the opposite party. 5. Accordingly, the present contempt application is hereby dismissed. 6. However, it is open to the applicant to file recall application, in case, the amount in pursuance of order of opposite party is not credited in his account. 7. The presence of officer is hereby dispensed with. Order Date :- 8.7.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench