REENA KUMARI AND ORS. Vs. PRAVEEN KUMAR AND ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 11236 of 2016, Judgment Date: Nov 22, 2016

                                                              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.
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 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.
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.

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.
      No costs.
                                                   .......................J.
                                                      [ KURIAN JOSEPH ]

                                                   .......................J.
                                              [ ROHINTON FALI NARIMAN ]

      New Delhi;
      November 22, 2016.