Nilam Tewari vs Arti Jaiswal and Others.

Ritu Raj Awasthi, J.—Supplementary affidavit filed today be placed on record.

This special appeal has been filed against the order passed by the learned Contempt Judge dated 14.12.09. The order aforesaid does not decide any controversy but the counsel for the appellant submits that the direction for payment of salary to Arti Jaiswal has been obtained by concealment of material facts and that despite counter affidavit being filed by the District Inspector of Schools in the writ petition stating that the appointment of Arti Jaiswal was made fraudulently, payment is being sought to be made to her, whereas the appellant was duly appointed Guest Subject Expert but her services were terminated for accommodating Arti Jaiswal.

He also submits that an application for recall of the interim order alongwith application for impleadment has been moved but the said applications could not be disposed of till date and in the mean time payment has been sought to be made.

Such questions cannot be decided in special appeal, nor we can test their validity as the matter is pending before the learned Single Judge, where the appellant has also moved an application for recall of the order and also an application for impleadment, which have not yet been disposed of.

The plea of the appellant that under the fear of contempt, payment would be made is also a plea, which should be raised before the learned Contempt Judge and not before this Court of special appeal.

Looking to the peculiar facts and circumstances of the case, we give liberty to the appellant to move appropriate application in the pending contempt matter.

We further direct that the applications for impleadment and recall of the order be also listed before the learned Single Judge, having jurisdiction in the first week of January, 2010.

We may clarify that we have not adverted on the pleas raised by the parties as the same would be considered by the learned Contempt Judge and any observation made in this order, would have no effect upon the hearing of the applications or the contempt case.

The special appeal is disposed of accordingly.