Allahabad High Court
CHANDRA PRAKASHversusDR. RAJEEV NIGAM, CHIEF MEDICAL OFFICER (C.M.O) AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that the order of the writ court had been substantially complied with, and therefore the contempt application was dismissed.
Summary
An application for contempt was filed alleging that the respondents willfully defied the order dated 06‑11‑2025 in Writ‑A No. 16450 of 2025, which directed the Chief Medical Officer to consider the petitioner’s claim for appointment and decide within two months. The applicant later produced instructions dated 29‑09‑2026 showing that he had been appointed to a Class‑IV post, thereby substantially complying with the writ court’s direction. The High Court examined whether any willful disobedience existed and concluded that the order had been complied with. Consequently, the contempt application was consigned to the record. A copy of the compliance instructions was ordered to be served on the applicant’s counsel.
Issues considered
- Whether the respondents willfully defied the order dated 06‑11‑2025 in Writ‑A No. 16450 of 2025.
- Whether the contempt proceedings should be continued in view of the compliance with the writ order.
Subjects
- contempt
- writ petition
- appointment
- order compliance
- High Court
- civil contempt
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6548 of 2026
Chandra Prakash
.....Applicant(s)
Versus
Dr. Rajeev Nigam, Chief Medical Officer (C.M.O)
And Another .....Opposite
Party(s)
Counsel for Applicant(s) : Punam Yadav, Sachchidanand Yadav
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 06.11.2025 passed in Writ-A No. 16450 of 2025,
order whereof is quoted hereunder:-
"1. Heard Sri Mohan Lal Pandey, learned counsel for the petitioner and Sri Manish
Kumar, learned Standing Counsel, who appears for State-respondents as well as Shri
Apurva Hajela, counsel for respondent no. 4.
2. The case of the writ petitioner is that he was engaged as Ardali but now the work is
being taken as a peon.
3. Prayer in the present petition is for a direction to the respondents to offer
appointment to the writ petitioner and consequent joining.
4. Learned Standing Counsel submits that the claim of the writ petitioner needs
adjudication at the first instance by the third respondent, Chief Medical Officer,
Basti.
5. To such a submission, learned counsel for the petitioner has no objection and he
gracefully accepts the same.
6. Considering the submissions of the rival parties as well as stand taken by them, the
writ petition is being disposed off granting liberty to the writ petitioner to prefer a
comprehensive representation along with the self-attested copy of the writ petition
before the third respondent, proceed to decide the claim of the petitioner strictly in
accordance with law within a period of two months from the date of presentation of
the certified copy of the order. In case the third respondent is of the opinion that the
matter is to be decided by some other authorities then the papers shall be transmitted
to the same.
CAPL No. 6548 of 2026
2
7. Needless to point out that the writ petition has been decided without seeking any
response from the respondents. Thus, passing of this order may not be construed to an
expression that this Court has gone into the merits of the case.
8. With the aforesaid observation, the writ petition is disposed off."
2. Today, instructions have been produced annexing therewith the order
dated 29.09.2026, according to which appointment has been accorded to the
applicant on Class - IV post.
3. Since the order of the Writ-Court has been substantially complied with,
the contempt application is consigned to record.
4. Let a copy of the instructions be served upon the counsel for the applicant.
5. Instructions filed today are taken on record and marked as Appendix 'A'.
(Vikas Budhwar,J.)
October 1, 2026
N.S.Rathour
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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