Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4743 of 2021 Applicant :- Ajeet Kumar Yadav Opposite Party :- Aditi Singh.D.M. Ballia Counsel for Applicant :- S.B.Singh
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 14.02.2020 passed in Writ Petition No. 42918 of 2019 (Shiv Lal Bharti Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"ON IMPLEADMENT APPLICATION This is an application for impleadement of the writ petition, which is filed today and is taken on record.
The application is allowed. Necessary impleadment be carried out during the course of the day.
ON WRIT PETITION Heard learned counsel for the petitioner, Mr Surendra Kumar Pandey, learned Standing Counsel for the State and perused the record.
By means of this writ petition, the petitioner has prayed for following relief:-
(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to initiate proceedings under Section 95(1)(g) of UP Panchayat Raj Act, 1947 against the respondent no. 3.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 appoint enquiry officer for enquiry of the matter raised by petitioners on the complaint supported by notary affidavit as well as the details of the work done by the respondent n o. 3.
Admittedly, petitioner is aggrieved by the irregularities and misappropriation committed by the Gram Pradhan. The petitioner has made serious allegations against the Gram Pradhan.
Submission is that under the UP Panchayat Raj Act, 1947, on a complaint a preliminary enquiry is to be conducted within thirty days, however, no such enquiry has been conducted till date.
The State Government, in exercise of powers under section 110 of the U.P. Panchayat Raj Act, 1947, has framed Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997. In the Rules, 1997, a detail procedure has been laid down for conducting the inquiry against the misconduct of the Gram Pradhan and appropriate remedial measure is mentioned therein.
In the facts and circumstances of the case, this writ petition stands disposed of with a direction to the respondent no. 2, the District Magistrate, Ballia to complete the preliminary enquiry within a period of 30 days from the date of production of a certified copy of this order before him as provided in the Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-pradhans and members) Enquiry Rules, 1947 and thereafter pass necessary orders, in accordance with law.
No order as to costs."
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully 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 copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.10.2021 saqlain