Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1140 of 2009 Petitioner :- Pawan Kumar Singh & Others Respondent :- Kunwar Fateh Bahadur Singh Principal Secry, Lko. & Others Petitioner Counsel :- G.K. Singh,V.K. Singh Respondent Counsel :- S.C. Hon'ble Vikram Nath,J.
Heard Sri R.N. Singh, learned Senior Advocate assisted by Sri
A.K. Rai, learned counsel for the applicants and Sri Satish
Chaturvedi, learned Additional Advocate General alongwith Sri
M.C. Chaturvedi, Chief Standing Counsel on behalf of the
oppoiste parties.
By order dated 11.1.2010 the opposite parties were granted ten
days’ time to obtain further instructions and place the same by
means of an affidavit of the Principal Secretary (Home),
Governmnet of U.P. clearly stating the status of complinace of the
judgment and order of this Court. Today an affidavit is filed by
Kunwar Fateh Bahadur Singh, Principal Secretary (Home),
Government of U.P. The affidavit is to the effect that hearing of
the contempt proceedings be defferred till decision in the Specal
Leave Petition pending before the Apex Court.
In paragraph 4 of the affidavit the order passed by the Apex Court
on 25.5.2009, has been quoted, which is as follows-
“Heard learned counsel for the parties. List this special leave petition on 8th
July, 2009 before the appropriate Bench.
In the meantime, appointments may be made of the selected candidates but in
the appointment order it shall be clearly mentioned that this appointment is
provisional and shall be subject to the decision of this special leave petition.”
This oder was passed on an interim application no.3 filed in the
Special Leave to Appeal No.12586 of 2009, for the stay of the
contempt proceedings. Subsequently by order dated 23.10.2009
the Apex Court has granted leave, expedited the hearing and has
made the ad interim order dated 25.5.2009 (wrongly mentioned as
18.5.2009 in the order) absolute till the disposal of the Special
Leave to Appeal. In the light of these facts the hearing of this
contempt application has been souht to be deferred.
Two detailed orders were passed by the contempt Court, on
18.5.2009 and 20.5.2009, against the order dated 20.5.2009 the
State had filed an interim application befor ethe Apex Court in the
pending Special Leave Petition for staying of the contempt
proceedings. It was on the said application that the Apex Court
had passed ad interim order on 25.5.2009. It may be recorded here
that in the Special Leave to Appeal, filed by the State agaisnt the
judgment of the Division Bench dated 4.3.2009, the Apex Court
had issued notice on the applic ions on 18.5.2009 and had not
granted any interim order. Even subsequently at no stage the Apex
Court graned any order staying such order of the Division Bench
or the learned Single Judge of the Writ Court.
Order Date :- 25.1.2010
RPS