Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2557 of 2019 Applicant :- Abhishek Kumar Ram Tripathi Opposite Party :- Shiv Chand Ram, District Inspector Of Schools Counsel for Applicant :- Ramesh Chandra Dwivedi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 19.09.2017 passed in Writ-A No.41936 of 2017 (Abhishek Kumar Tripathi v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 19.09.2017 is quoted as under:-
"Taking into consideration the facts and circumstances of the case, the third respondent-District Inspector of Schools, is directed to take the decision in accordance with law within three months from the date of communication of this order.
The writ petition is, accordingly, disposed of. No order as to costs."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents was submitted for compliance before the opposite parties, even the cognizance has been taken by the Authority concerned but the proceedings could not be finalized in pursuance to the aforesaid order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within one month from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the self- addressed envelop within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 29.4.2019 A. Pandey