Noida case: HC stays contempt proceedings against UP officials
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The Allahabad High Court on Thursday stayed the contempt proceedings against Uttar Pradesh Chief Secretary Javed Usmani and other senior officials for their alleged failure to comply with the November 8, 2012, order directing that Noida Chairman Rakesh Bahadur and then CEO Sanjeev Saran be removed from their post.
Saran was transferred on January 16, Bahadur remained on his post. The court has now prevented Bahadur from using his financial powers or taking any policy decision until the state's review application, being heard by a division bench, is disposed of. The court reserved its judgment on the review application.
As the hearing of the review application began before a division bench of Justices Laxmi Kanta Mohapatra and PKS Baghel, the Advocate General representing the chief secretary and other officials, filed an application seeking a stay on the contempt proceedings going on against them.
Two contempt petitions, filed by Madhav Samaj Nirman Samiti (MSNS) and Nitin Deshwal against Usmani and other officials, were being heard by a single judge bench.
The single judge bench had fixed February 1 as the next date of hearing in the matter, while directing officials to comply with the order or be present in the court to explain the reason for non-compliance.
Considering the submissions of the two sides, the division bench said: "Though the application for stay has been opposed vehemently (by petitioners), we are of the view that since one of the officers has been transferred, there may be no difficulty to keep the further proceeding in abeyance, if the chairman, Noida, is directed not to use his financial powers or to take any major decision in relation to allotment/cancellation of land without leave of the court."