In the instant case, a contempt petition is filed alleging non-compliance of the Judgment and order passed by the Writ Court in Writ Petition in Syed Amjad Hussain versus. State of U.P. and others.
In the said order, the respondents in the present case were directed to allow the petitioner to continue on the post on which he was working and pay salary and allowances accordingly.
Meanwhile, Being aggrieved with the aforesaid order, the respondents filed a Special Appeal Defective which was dismissed by the division bench of Hon’ble Allahabad High Court.
Further, in the present contempt application it is contended that despite the special appeal having been dismissed by the Hon’ble Division Bench, the respondents have not proceeded to comply with the order passed by the Writ Court.
In Furtherance of the contempt application filed before the Hon’ble Allahabad High Court the court had issued notice to Respondent nos. 1 and 2 and noted that notices have been served on respondent nos. 1 and 2 through their respective offices, as per the official reports. But the Hon’ble Court expressed concern on hearing learned Standing Counsel court on his submission that he does not have any instructions in the matter from respondents no 1 and 2.
The Hon’ble court took serious note of the fact that despite receiving notice there are no instructions given to the learned standing counsel by respondents no 1 and 2.
Given the above matter respondent nos., 1 and 2 are ordered to appear in person before this Court on 29.06.2021and file their affidavits.
Further, The Hon’ble court in the above matter took note of Rule 6 of the Rules framed under Section 23 of the Contempt of Court Act, 1971 (hereinafter referred to as “Act, 1971”) as finds a place in Chapter XXXV-E of the Rules of the Court and made the following observation: