Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2497 of 2010 Petitioner :- Hari Om Srivastava Respondent :- Sri Krishna, Secreary Rural Engineering Services Petitioner Counsel :- S.P. Pandey,S.K. Mishra Hon'ble Vikram Nath,J.
Sri K.R. Singh, learned Standing Counsel has filed an affidavit of compliance
on behalf of the opposite party stating that he was holding charge as Principal
Secretary, Rural Engineering Services only w.e.f. 24.5.2010 till 17.6.2010. It
has further been stated that in that view of the matter he is not competent
authority to take any decision in respect of the officers working in the Rural
Engineering Services Department.
The learned counsel for the applicant has filed an impleadment application to
bring on record N.S. Ravi who has taken over the charge as Principal
Secretary, Rural Engineering Services, Government of U.P. after the opposite
party.
The learned counsel for the applicant has submitted that the applicant has
already served two registered letters to N.S. Ravi, the present Principal
Secretary, in the months of June and July, 2010 requesting for compliance of
the interim directions of the Writ Court, however, no orders have been passed
as yet. In the circumstances he has prayed that a conditional order for
appearance may be passed while issuing notices to the present Principal
Secretary, Rural Engineer Services.
Having considered the submissions, the notices issued to the O.P. No.1 are
discharged as he no longer holds the post of the Principal Secretary, Rural
Engineering Services. The impleadment application filed on 28.7.2010 is
allowed. The office may get the same registered through Computer Section.
The learned counsel for the applicant may make necessary incorporation
within three days and shall also supply the necessary copies of the contempt
application meant for the newly added opposite party within the same time.
Issue notice to the newly added opposite party fixing 13.9.2010. If by the said
date the interim directions of the Writ Court are not complied with and an
affidavit to that effect is not filed, the newly added opposite party shall remain
present before the Court.
However, it will be open to the newly added opposite party to take a stand of
non-compliance subject to valid defence available to him in law. However,
even under those circumstances, he shall remain present.
Order Date :- 5.8.2010
pk