Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2549 of 2019 Applicant :- Aditya Kumar Pandey And Another Opposite Party :- Dhananjay Singh, Officiating Principal,Mathura P.G. College, And 3 Others Counsel for Applicant :- P.K. Upadhyay
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 05.12.2018 passed in Writ-A No.11145/2017 (Aditya Kumar Pandey and another v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 05.12.2018 is quoted as under:-
"A counter affidavit has been filed on behalf of respondent nos. 4 and 5, in which it is not disputed that the order dated 17th December, 2015, pursuant to which the order impugned dated 13th December, 2016 has been passed, was set aside by this Court in Writ Petition No. 452 of 2016 vide order dated 12.01.2016. It is further not in issue that after remand of the matter the concerned Higher Education Officer, Varanasi has approved the appointment of the petitioners vide order dated 03.01.2017. Therefore, the Principal of the institution would not be justified in disbelieving the appointment of the petitioners relying upon the order dated 17th December, 2015, which has already been quashed by this Court.
Writ petition consequently succeeds and is allowed. The order dated 13th December, 2016 passed by the Principal of the College stands quashed. Further a writ of mandamus is issued to the respondents to release salary to the petitioners along with arrears, keeping in view the order passed by the Regional Higher Education Officer dated 03.01.2017, within a period of three months from the date of presentation of a certified copy of this order, provided the petitioners had worked or they were prevented from working pursuant to the order impugned."
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 on 20.12.2018 but the opposite parties have wilfully not complied with the 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 six weeks 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