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Judgment
Salil Kumar Rai, J
In pursuance to the previous order passed by this Court, the District Basic Education Officer, Etawah is present in the Court.
The affidavit of compliance was filed yesterday by the District Basic Education Officer, Etawah disclosing full compliance of the order passed by this Court. It was disclosed in the aforesaid affidavit that the amount due to the applicant as arrears of salary after making the necessary deduction has been credited in the account of the applicant. The said fact is also admitted by Sri Rahul Jain, the counsel for the applicant.
On 15.08.2024, Charge was framed against the opposite party no. 1 after noting that the opposite party, i.e., the District Basic Education Officer had passed an order dated 23.11.2023 overriding the order passed by the writ court and had willfully disobeyed the order passed by this Court which may amount to contempt of court.
The opposite party has submitted an affidavit tendering his unconditional apology and in the said affidavit, the opposite party states that the order dated 23.11.2023 was passed because of some confusion and because he was not able to understand the real purport of the order passed by the writ court.
As the order passed by the writ court has been fully complied and considering the adverse effect on the service carrier of the opposite party which any order of punishment may have as well as the fact that the opposite party has tendered unconditional apology, this Court refrains from further proceeding in contempt against the opposite party, i.e., District Basic Education Officer, Etawah.
The application is disposed of and consigned to records. Notice issued to the opposite party is discharged.