NISHA SINGH v. ASHISH KUMAR SINGH DISTRICT BASIC EDUCATION OFFICER DISTT. BAHRAICH
CAPL/4308/2024 · 2025-02-11
Manjive Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168205 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168205 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8833 Court No. - 21 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4308 of 2024 Applicant :- Nisha Singh Opposite Party :- Ashish Kumar Singh District Basic Education Officer Distt. Bahraich Counsel for Applicant :- Onkar Nath Singh Rathore Hon'ble Manjive Shukla,J.
1. Heard Sri Onkar Nath Singh Rathore, learned counsel appearing for the applicant and Sri Kumar Ayush, learned counsel appearing for the respondent. 2. The instant contempt application has been filed alleging therein, the disobedience of the order dated 09.08.2024 passed by this Court in Writ-A No. 6349 of 2024 whereby, the writ petition had been disposed of with a direction to the District Basic Education Officer, Bahraich to take a final decision in the matter of the applicant in the light of the judgement rendered by this Court in Writ-A No. 18228 of 2022 (Tripurari Dubey & Anr. Vs. State of U.P. and others). 3. The compliance affidavit was filed by the respondent on 28.01.2025 wherein, a copy of the order dated 04.12.2024 was annexed and it was submitted that the representation submitted by the applicant has been decided pursuant to the order passed by the writ court. 4. Since, the Contempt Court was not satisfied with the order dated 04.12.2024 therefore, the counsel for District Basic Education Officer prayed for time and submitted that the District Basic Education Officer shall revisit his order. 5. Today, another compliance affidavit has been filed annexing therewith the order dated 04.02.2025 and it has been submitted that in compliance of the Writ Court's order dated 09.08.2024, the case of the applicant has been considered but since there was no merit in his case therefore, the representation has been rejected. Learned counsel appearing for the District Basic Education Officer has also submitted that there is no order in writing authorising the applicant to discharge the functions of the post of the Headmaster of the school. 6. I have considered the submissions advanced by the learned
counsel appearing for the parties and I find that the Writ Court vide its order dated 09.08.2024 issued a simple direction to decide the claim of the applicant in the light of the judgement rendered by this Court in Writ-A No. 18228 of 2022 (Tripurari Dubey & Anr. Vs. State of U.P. and others).
The respondent, in compliance of the Writ Court's order dated 09.08.2024, had passed the order dated 04.02.2025 whereby, the claim of the applicant has been rejected and while rejecting the claim, the judgement rendered by this Court in Writ-A No. 18228 of 2022 (Tripurari Dubey & Anr. Vs. State of U.P. and others) has also been considered. 7. This Court is of the view that once the claim of the applicant has been considered and rejected by passing a speaking and reasoned order, no case for contempt is made out. 8. It is always open for the applicant to challenge the compliance order dated 04.02.2025 by filing fresh writ petition on its own merit. 9. In view of the above reasons, this contempt application is here by dismissed. Order Date :- 11.2.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench