ON A contempt petition, the Allahabad High Court issued notice to vice-chancellor of Banaras Hindu University, Panjab Singh, asking as to why the court order had not being complied with.
Justice AP Shahi passed this order on a writ petition filed by Anita Banerjee of Varanasi.
Appearing on behalf of the applicant, her counsel Aseem Kumar Rai quoted a decision in the case of Dr LP Barbaros (1992) Supl (2) SCC 694, which provided that once an interim order passed by the special appellate bench had expired, the opposite party was obliged to comply with the order of the Single Judge.
The court said that from the order of the special appellate bench, it appeared that the interim order which granted stay on the order of Single Judge, had not been extended and the matter had been adjourned and the opposite party (BHU authorities) had been asked to file an affidavit.
To recall, the service of the applicant, who was a nurse in the BHU Hospital, was terminated by the authorities concerned. She filed a writ petition before the Single Judge, who set aside the termination order. Thereafter, the BHU authorities filed special appeal before the Division Bench challenging the order of Single Judge.
{{/usCountry}}To recall, the service of the applicant, who was a nurse in the BHU Hospital, was terminated by the authorities concerned. She filed a writ petition before the Single Judge, who set aside the termination order. Thereafter, the BHU authorities filed special appeal before the Division Bench challenging the order of Single Judge.
{{/usCountry}}At one stage, the Division Bench passed an interim order staying the decision of Single Judge.
However, in the course of time, the Division Bench did not extend the stay order granted earlier and adjourned the hearing, asking the BHU authorities to file affidavit.
Hence, the applicant moved this present contempt application with a plea that when the stay order had not been extended, then BHU authorities were bound to comply with the order of the Single Judge.