Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1666 of 2018 Applicant :- Ajahar Khan Opposite Party :- Sri Mukesh Kumar, Meshram, Secretary Ayush Anubhag-2 Counsel for Applicant :- Javed Husain Khan,Gulrez Khan
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the applicant.
By order dated 17.11.2017 passed in Writ-A No.54519 of 2017 filed by the applicant, the writ Court directed as under :
"Dr. Y.K. Singh has appeared for respondent no.4.
The petitioner applied for the post of Medical Officer in the Homeopathy Department of the State of U.P. in the reserved category for physically handicapped persons identified as 'OL' (one leg affected).
The petitioner was not selected in the said category and, therefore, he filed a writ petition before this Court wherein an interim order was passed on 13.02.2013 directing the respondents to consider his case for appointment under the 'OL' category.
In pursuance thereof, the petitioner was given appointment vide office order dated 21.02.2014. The aforesaid writ petition filed by the petitioner was disposed of vide order dated 09.04.2016 holding that as the petitioner has already been given appointment, the petition has become infructuous but leaving it open to the petitioner to press his grievance for notional appointment from the date when his batch-mates were given appointment along with consequential reliefs.
In pursuance to the aforesaid order, the petitioner represented to the Director, respondent no.3 for treating him as appointed from the date his batch-mates have been appointed. The aforesaid representation of the petitioner was not attended to and therefore, he submitted one last representation on 07.03.2017 to the Director, Homeopathy, U.P., respondent no.3. Even the said representation has not been considered and decided.
In view of the aforesaid facts and circumstances, we dispose of the writ petition with liberty to the petitioner to make a fresh comprehensive representation to respondent no.1 within a period of two weeks from today and in case any such representation is made, the same shall be considered in accordance with law as observed by this Court vide order dated 19.04.2016 passed in Writ Petition No. 22797 of 2011 most expeditiously, if possible, within a period of three months."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and thus has 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 party to comply with the aforesaid order of the writ Court within a further period of three months from the date of receipt of this order.
The applicant shall supply a duly stamped registered envelop addressed to the opposite party 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 envelop of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.
Liberty is granted to the applicant to send a copy of the representation dated 25.11.2017 to the opposite party within a week by registered post.
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 of the writ court is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 30.3.2018 NLY