Allahabad High Court
SAHAB LALversusDR PC SAXENA, DIRECTOR, AYURVED SERVICES
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The contempt application was dismissed as infructuous because the respondent had complied with the writ court's order.
Summary
The High Court, in a writ petition, directed the petitioner, a pharmacist, to file a fresh representation regarding his transfer request within three weeks, and the respondent was to decide it within two months. The petitioner filed a contempt application alleging non‑compliance with that order. The respondent showed that the representation had already been decided on 18‑09‑2024, thereby satisfying the court's directive. The court held that since the order was complied with, the contempt application was moot. Consequently, the contempt notice was discharged and the application dismissed.
Issues considered
- Whether the respondent complied with the High Court's order directing a fresh representation and decision.
- Whether a contempt application can be entertained when the alleged contempt has been remedied.
Subjects
- contempt of court
- writ petition
- transfer grievance
- representation
- compliance
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 4612 of 2024
Sahab Lal
.....Applicant(s)
Versus
Dr Pc Saxena, Director, Ayurved Services
.....Opposite
Party(s)
Counsel for Applicant(s) : Rishikesh Kumar Maurya, Sunil Kumar
Yadav
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. The writ Court on 25.01.2024 while disposing of Writ-A No. 501 of 2024
passed the following order:-
"1. Heard learned counsel for the petitioner and learned Standing
Counsel for the State-respondents.
2. The petitioner was initially appointed as Pharmacist in the District
Shamli in the year 2014 thereafter he was transferred to the District
Shahjahanpur in the year 2015 and since then he is working as
Pharmacist.
3. The grievance of the petitioner is that the family of the petitioner is
facing hardship and since the petitioner is posted in the District
Shahjahanpur for the last 8 years, therefore, he has made several
representations to the respondents-authorities to consider his request for
transfer to nearby district to his home district, but till date, no action has
been taken on the same.
4. Learned Standing Counsel for the respondents submits that no useful
purpose would be served in keeping the writ petition pending and
appropriate direction may be issued to respondent No.3 to consider the
grievance of the petitioner.
5. Considering the facts and circumstances of the case and without going
into the merits of the case and with the consent of the parties, the writ
CAPL No. 4612 of 2024
2
petition is disposed off with liberty to the petitioner to file fresh
representation before the respondent No.3- Director, Ayurved Services,
U.P. at Lucknow along with the certified copy of this order raising all his
grievance within a period of three weeks from today. In case any such
representation is filed by the petitioner, the respondent No.3 shall
consider and decide the same by reasoned and speaking order within a
period of two months thereafter."
2. From the perusal of the order, it is clear that the writ Court had required
that in case a fresh representation was moved, the same was to be decided.
3. Learned Standing Counsel has placed before the Court the instructions so
received by him. According to him, the representation has already been
decided on 18.09.2024.
4. In view of said fact, as the order of writ Court has been complied with and
the representation has been decided, the present contempt application is
rendered infructuous and stands dismissed.
5. Contempt notice stands discharged.
(Rohit Ranjan Agarwal,J.)
May 14, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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