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Contempt of CourtSupreme Court of India

Prof. Ashish Wakhlu vs. Prof. Soniya Nityanand & Ors.

Not available · 2025 INSC 1290Decided 27 Oct 2025
Not available
Chief Justice B.R. Gavai · Justice K. Vinod Chandran

Background

The appellant, a Professor in the Department of Pediatric Surgery at King George's Medical College (KGMU), Lucknow, had been appointed Nodal Officer for implementing a hospital management software system in 2010. After an adverse audit report and subsequent disciplinary action, he filed multiple proceedings against the university, some already decided by the Supreme Court and others pending. He filed a contempt application before the Allahabad High Court (Lucknow Bench) alleging that his termination violated an interim order restraining such action, but a Single Judge dismissed the contempt application, partly because of the pendency of other related proceedings raising similar issues.

Decision Breakdown

The Supreme Court held that once an interim order restraining action against the appellant was operative from 20 December 2018 and kept being extended, the mere administrative release/disposal of the matter on 6 February 2019 could not by itself justify violating that order. On this narrow ground, the Court allowed the appeal, quashed the High Court's order dismissing the contempt petition, and remitted the matter back to the High Court to decide the contempt petition afresh, also suggesting the High Court consider clubbing the other connected pending matters for effective adjudication.

Lesson Learnt

An interim protective order continues to bind the parties for as long as it remains in force and is being extended; a technical or administrative development (like a case being "released" from a list) does not by itself excuse non-compliance with a live restraining order.

Prof. Ashish Wakhlu vs. Prof. Soniya Nityanand & Ors. – Legal Case Shots | LegalAware