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Judgment
Rakesh Tiwari, J.—Heard counsel for the parties and perused the records.
The Petitioner was working as Nazul Clerk in Nagar Palika Parishad, Mainpuri. He was suspended vide order dated 7.1.2002. The Petitioner challenged the aforesaid order of suspension by means of Civil Misc. Writ Petition No. 32995 of 2002 and an interim order dated 12.8.2002, was passed by this Court by which the order of suspension dated 7.1.2002 was stayed till next date of listing. The interim order dated 12.8.2002 is as under:
Issue notice to Respondent Nos. 1 and 2. 12.8.2002.
The petitioner is directed to serve the respondent Nos. 1 and 2 personally apart from usual mode of service office to hand over the notices to the counsel for the petitioner.
List on 23.9.2002.
Until the date of next listing, the operation of the order of suspension dated 7.1.2002 shall remain stayed.
Sd/- J. Sahai. 12.8.2002.
The Petitioner was only allowed to put signature on the Attendance Register but was not allowed to work and was paid salary for 9 days in October, 2002, as such he filed a Contempt Petition No. 512 of 2003, in which this Court issued notices to the opposite parties on 17.2.2003. The counter-affidavit had been filed in the aforesaid contempt petition. It is submitted that the opposite parties have deliberately, intentionally and willfully continued departmental proceedings inspite of fact that the suspension order was stayed by this Court and thus the opposite parties have committed contempt of this Court''s order dated 12.8.2002.
From perusal of order of this Court dated 12.8.2002 it is apparent that departmental proceedings were not stayed by this Court, furthermore the Petitioner had filed Contempt Petition No. 512 of 2003 in which counter-affidavit has already been filed. If the Petitioner have any grievance, he can file an application in that contempt application. This contempt application is therefore, not maintainable and is dismissed. No order as to costs.