Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3781 of 2019 Applicant :- Alok Kumar Opposite Party :- Shiv Kumar, Sub-Div. Officer Counsel for Applicant :- Awadh Narain Rai 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 18.12.2018 passed in Writ-A No.27040 of 2018 (Alok Kumar v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 18.12.2018 is quoted as under:-
"5. It is, therefore, directed that Nagar Palika Parishad Ganjdundwara, District Kasganj shall seek appropriate directions from the Director, Local Bodies and then, issue a public notice inviting applications from all such eligible employees working with it for consideration of their case for promotion and then, pass appropriate orders for holding selection as advised by the Director, Local Bodies.
6. The entire exercise shall be completed within a period of four months from the date a certified copy of this order is produced before the authority concerned.
7. The writ petition is disposed off."
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 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 two months 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 :- 31.5.2019 A. Pandey