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Allahabad High Court

CHITRANJAN KUMARversusALKA SRIVASTAVA AND ANOTHER

Decided

Holding

The contempt application is consigned to record with specific directions for the petitioner to file a reply and for the matter to be heard and decided within the prescribed time‑frames.

Summary

The High Court of Allahabad entertained a contempt application filed by Chitranjan Kumar alleging willful defiance of its earlier order dated 13 November 2025, which had directed the petitioner to submit a reply to a charge‑sheet within two weeks and for the Inquiry Officer to decide the matter within six weeks. The petitioner’s counsel informed the Court that a show‑cause notice had been issued on 30 September 2026 and sought an additional 15 days to file a reply, with a hearing date to be fixed thereafter. The opposite party raised no objection to this request. The Court consigned the contempt application to the record, directing the petitioner to file a reply to the inquiry report/show‑cause notice by 16 October 2026, to fix a hearing in the week of 26 October 2026, and to pass orders by 30 November 2026. The Court noted that the applicant had been served with these instructions and was therefore aware of the show‑cause notice and inquiry report. It warned that failure to comply with the original writ order within the stipulated time would permit the applicant to approach the Court again.

Issues considered

  • Whether the petitioner’s failure to comply with the High Court’s order dated 13 November 2025 amounts to contempt of court
  • Whether the petitioner is entitled to an extension of time to file a reply to the charge‑sheet and show‑cause notice

Subjects

  • contempt of court
  • willful defiance
  • Writ petition
  • suspension order
  • inquiry report
  • show cause notice
  • High Court of Allahabad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 6171 of 2026

Chitranjan Kumar
                                                                    .....Applicant(s)
                                        Versus

Alka Srivastava And Another
                                                                        .....Opposite
                                                                              Party(s)

Counsel for Applicant(s)      : Arvind Prabodh Dubey, Naushad Alam
Counsel for Opposite Party(s) :


Court No. - 53
                     HON'BLE VIKAS BUDHWAR, J.

1. The present contempt application has been preferred alleging willful
defiance of the order dated 13.11.2025 passed in Writ-A No. 16301 of
2025, order whereof is quoted hereinunder:-

     "1. The order of suspension dated August 21, 2025 passed by the
     respondent No.2/District Basic Education Officer, Sambhal is under
     challenge.
     2. Sri Nagendra Kumar Pandey, learned counsel for the respondent No.2
     placed a copy of the charge-sheet dated November 3, 2025 issued by the
     Inquiry Officer against the petitioner, the same is taken on record.
     3. After perusal of the aforesaid charge-sheet, a prayer has been made by
     learned counsel for the petitioner to permit the petitioner to submit reply
     to the aforesaid charge-sheet and direct the respondents to take a
     decision in the matter expeditiously.
     4. Heard learned counsel for the parties and perused the record.
     5. In the facts and circumstances of the case and without interfering with
     the order of suspension dated August 21, 2025 passed by the respondent
     No.2/District Basic Education Officer, Sambhal , the present petition is
     disposed of permitting the petitioner to submit reply to the charge-sheet
     dated 03.11.2025 within two weeks along with certified copy of this order
     before the Inquiry Officer within two weeks from today. In case, the
     petitioner does so, the Inquiry Officer will take a decision in the matter
     strictly in accordance with law most expeditiously and preferably within a
     period of six weeks thereafter."
                                                                                            CAPL No. 6171 of 2026
                                                                   2


                                    2. Today, Sri Nagendra Pandey, has put in appearance, according to him,
                                    the inquiry report has been submitted and a show cause notice came to be
                                    issued on 30.09.2026 i.e. today, and the orders will be passed within a
                                    period of one week.

                                    3. However, the learned counsel for the applicant, as per the instructions
                                    received from his client, submits that 15 days time be accorded to the
                                    applicant to submit reply and a date of hearing be fixed and thereafter,
                                    order be passed in this regard.

                                    4. To such a submission, learned counsel for the opposite party has no
                                    objection.

                                    5. Accordingly, the contempt application is consigned to record
                                    requiring the applicant to submit reply to the inquiry report/show cause
                                    notice by 16.10.2026, a date of hearing be fixed in the week commencing
                                    26.10.2026 and orders be passed by 30.11.2026.

                                    6. Since the copy of the instructions have been served upon the counsel
                                    for the applicant in the Court, thus, it would be deemed that the applicant
                                    is well aware and is possessing knowledge of the show cause notice as
                                    well as the inquiry report.

                                    7. In case, the orders are not passed and the order of the Writ Court is not
                                    complied with within the time frame, it shall be open for the applicant to
                                    again approach this Court.


                                                                                           (Vikas Budhwar,J.)
                                    September 30, 2026
                                    Rajesh




Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad


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