Allahabad High Court

TASNEEM FATIMAversusSRI AMIT MOHAN MISHRA, FINANCE AND ACCOUNT OFFICER, BASIC SHIKSHA, SULTANPUR

Decided: 18 August 2026
Disposal: DISMISSED AS INFRUCTUOUS
Bench: SAURABH LAVANIA

Holding

The court held that the contempt petition could not entertain the merits of the order and therefore no further orders were required, consigning the petition to the record.

Summary

The applicant, Tasneem Fatima, filed a contempt petition alleging violation of a judgment dated 26.05.2023 in Writ‑A No.3795 of 2023. The opposite party, Sri Amit Mohan Mishra, submitted a compliance affidavit stating that the authority had decided not to pay the applicant's salary following an order of the Lokayukta against her. The court held that the merits of the order could not be examined in a contempt proceeding and that the order had already been passed. Consequently, no further orders were deemed necessary in the contempt petition. The petition was consigned to the record, and the petitioner was informed that any grievance with the authority's order dated 25.07.2023 could be challenged separately in accordance with law.

Issues considered

Whether the opposite party's refusal to pay salary constitutes contempt for violating the earlier judgment
Whether the merits of the Lokayukta's order can be examined in a contempt petition

Subjects

contempt
judgment violation
salary payment
Lokayukta order
compliance affidavit
high court

Judgment

                                         Court No. - 18

                                         Case :- CONTEMPT APPLICATION (CIVIL) No. - 2046 of
                                         2023

                                         Applicant :- Tasneem Fatima
                                         Opposite Party :- Sri Amit Mohan Mishra, Finance And
                                         Account Officer, Basic Shiksha, Sultanpur
                                         Counsel for Applicant :- Ashish Verma,Pankaj Kumar Dixit
                                         Counsel for Opposite Party :- Shailendra Singh Rajawat

                                         Hon'ble Manish Kumar Nigam,J.

                                         Heard learned counsel for the parties.

                                         This petition has been filed for violation of judgement and order
                                         dated 26.05.2023 passed in Writ-A No.3795 of 2023.

                                         A compliance affidavit has been filed by the opposite parties,
                                         wherein a decision has been taken by the authority is not to
                                         make payment of salary to the applicant in pursuance to an
                                         order passed by the Lokayukt against the applicant. The
                                         applicant tried to assail the order passed by the opposite party
                                         on merits. In the contempt petition merits of the order cannot be
                                         gone into.

                                         Since, the order has been passed, no further orders are required
                                         to be passed in this contempt petition.

                                         Petition is consigned to record.

                                         Notices, if any, are discharged. However, it is provided in case
                                         petitioner is aggrieved by the order passed by the authority on
                                         25.07.2023, he is free to assail the order in accordance with law.

                                         Order Date :- 22.1.2025
                                         Reena/-

                                                                             (Manish Kumar Nigam,J.)




Digitally signed by :-
REENA KANNAUJIYA
High Court of Judicature at Allahabad,
Lucknow Bench

Continue reading with your account

Checking your session…