Court No. - 29 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2946 of 2010 Petitioner :- Shyama Rao (Head Const/Head Moharrir) Respondent :- Sri M.D. Karndhar Superintendent Of Police, Deoria Petitioner Counsel :- S.P. Singh Vishen Hon'ble Arun Tandon,J.
Nobody is present on behalf of the petitioner to press the present
contempt application even in the revised reading of the list. Even
otherwise, from the records, this Court finds that an interim order was
granted by this Court in favour of the petitioner on 7th June, 2010 in
Civil Misc. Writ Petition No. 33824 of 2010, whereby it was directed
that the petitioner shall not be relieved on the basis of order of transfer
till the date of next listing of the case.
The present contempt application is completely silent about the date
on which the applicant-petitioner has been relieved. The only averment
made for disclosing the cause for maintaining the present contempt
application is in paragraphs-11, 12 & 13 of the affidavit filed in the
present contempt application, wherein it is alleged that the opposite
parties have failed to comply with order of the Writ Court dated 7th
June, 2010. In the supplementary affidavit filed along with the present
contempt application, it has been stated that the petitioner was
relieved under an order dated 31st May, 2010, wherein 2nd June,
2010 was fixed as the relieving date. However, it has been further
stated that he infact was relieved on 8th June, 2010 from his present
place of posting. The averment made in the supplementary affidavit is
too vague and general to be accepted by this Court. Once, under an
order dated 31st May, 2010, the authorities had fixed 2nd June, 2010
as the date for relieving, there is little or no reason to accept that the
petitioner was actually relieved on 8th June, 2010.
In view of the aforesaid, this Court finds that no contempt of the order
of the Writ Court dated 7th June, 2010 is made out. The present
Contempt Application is dismissed.
(Arun Tandon, J.)
Order Date :- 30.6.2010
Sushil/-