Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 11236 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 7589 OF 2016 ]
REENA KUMARI AND ORS. Appellant(s)
VERSUS
PRAVEEN KUMAR AND ORS. Respondent(s)
WITH
SPECIAL LEAVE PETITION (C) NO. 7588 OF 2016
J U D G M E N T
KURIAN, J.
C.A.No. 11236 of 2016 (@ SLP (C) No.7589 of 2016)
1. Leave granted.
2. This appeal has arisen from the interim order
dated 06.11.2015 passed by the High Court of
judicature at Allahabad, Lucknow Bench, in Special
Appeal Defective No. 368 of 2015.
JUDGMENT
3. That appeal was filed by the respondents herein,
pursuant to the initiation of contempt proceedings by
the learned Single Judge of the High Court. As per
the impugned order, the Division Bench of the High
Court has stayed the contempt proceedings. The
appeal is still pending before the High Court.
4. The learned Single Judge of the High Court had
disposed of the writ petition by Judgment dated
01.02.2013 by issuing six directions. Thereafter, a
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Review Petition was filed and the same was disposed
of by Order dated 21.10.2013. That was taken up in
an intra-court appeal, which was dismissed by Order
dated 17.12.2013. The Special Leave Petition against
the said order was also dismissed by this Court by
Order dated 04.08.2014.
5. Since the Division Bench, in the order dated
17.12.2013, has referred to the entire background of
the selection and has also clarified the relief the
Court intended to give, we request the High Court to
consider the order in true spirit and dispose of the
contempt appeal now pending before the High Court.
6. We also make it clear that it will be open to the
appellants to point out before the High Court that
they had been appointed when the matters were pending
before the learned Single Judge and pursuant to the
impugned order only, their services were terminated.
JUDGMENT
7. Needless to say that the Division Bench shall not
be influenced by the prima facie views expressed by
it in the impugned order. We request the High Court,
being a selection pursuant to 2002-2003, to pass
final orders, as above, preferably within one month
from the date of production of a copy of this
Judgment before it.
8. In view of the above, the appeal is disposed of.
No costs.
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SLP (C) No.7588 of 2016
1. The applications for impleadment are rejected.
2. In view of the order passed above, we do not
think that this Court should go into the merits of
the matter.
3. The petitioners are free to raise all available
contentions before the learned Single Judge, before
whom their matters are pending.
4. The Special Leave Petition is, accordingly,
disposed of.
5. We make it clear that we have not expressed any
opinion on the merits of the case.
6. We further make it clear that during the pendency
of the proceedings, either before the High Court or
this Court, if any other cause of action has arisen,
it will be open to the petitioners to pursue the same
in appropriate proceedings.
JUDGMENT
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
November 22, 2016.
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