Court No. - 18 Case :- WRIT - A No. - 9740 of 2010 Petitioner :- Smt. Mamta Davi Respondent :- State Of U.P. & Others Petitioner Counsel :- P.N. Singh Respondent Counsel :- C.S.C.,Durga Prasad Singh,Havaldar Verma,S.N.Pandey Hon'ble Arun Tandon,J.
An impleadment application has been filed by one Chandra Shekhar Tiwari.
The impleadment application is allowed.
Let Chandra Shekhar Tiwari be impleaded as respondent no. 6.
A counter affidavit has been filed on behalf of the State respondents. In
paragraph 4 of the counter affidavit it has been stated that there is deliberate
suppression of material facts in the present writ petition, namely (a) the
District Magistrate vide order dated 20.12.2008 terminated the engagement of
the petitioner as Shiksha Mitra, (b) against the said order the petitioner filed
Writ Petition No. 4968 of 2009, which was dismissed by the Hon’ble Single
Judge on 29.01.2009 and (c) against the order of Writ Court the petitioner
filed Special Appeal No. 289 of 2009 (Smt. Mamta Kumari vs. State of U.P.),
which has also been dismissed on 02.03.2009. On concealment of the said
facts, petitioner has been successful in obtaining an ex parte interim order.
What is further surprising to note is that although the order dated 20.12.2008
(the validity whereof has also been upheld by the High Court) had been
passed on the representation made by Sri Chandra Shekhar Tiwari in
pursuance to the order of a Writ Court, yet Chandra Shekhar Tiwari was not
made a party in the present writ petition.
For the reasons recorded above, this Court is of the opinion that a notice be
issued to the petitioner to show cause as to why the matter may not be referred
for criminal contempt for deliberate suppression of material facts, as noticed
above.
Let petitioner appear before this Court along with the affidavit in response to
the notice on 04th August, 2010. Interim order is not being extended for the
reasons recorded above.
List of 04th August, 2010.
Order Date :- 22.7.2010
Pkb/