Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1656 of 2018 Applicant :- Ambrish Pandey Opposite Party :- Satish Singh, Regional Secretary Madhyamik Shiksha Parishad Counsel for Applicant :- Kamal Kumar Singh
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the applicant.
By order dated 31.01.2018 passed in Writ-C No.4091 of 2018 (Ambrish Pandey vs. State of U.p. and 3 others) filed by the applicant, the writ Court directed as under :
"The present petition has been filed for a direction upon the respondents to provide original certificate-cum-marks-sheet of Intermediate Examination, 2016 pertaining to the petitioner with roll No.2321083.
It is the case of the petitioner that he had appeared in the aforesaid examination as a regular student of Baba Ram Sanehi Das Inter College, Uttam Nagar, Bhujahi, Azamgarh but, till date, the said marks-sheet has not been issued.
Learned Standing Counsel has submitted the grievance of the petitioner can be addressed by the Regional Secretary, Madhyamik Shiksha Parishad, Regional Office, Varanasi (third respondent) after calling for report from the institution concerned and after verification of the records.
In view of the above, this petition is disposed of with liberty to the petitioner to ventilate his grievance before the third respondent. If any such representation is filed along with certified copy of this order before the third respondent in respect of his claim, the third respondent shall call for report from the fourth respondent and after verification of the record shall take an appropriate decision. In case it is found that for some reason marks-sheet/certificate is not to be issued, then reasons shall be recorded for the same and in case it is found that the marks-sheet is liable to be issued to the petitioner, then the same shall be issued. It is expected that the aforesaid exercise shall be completed within a period of three weeks from the date of filing of such representation.
It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner."
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 one month 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.
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 party within the stipulated time as aforementioned.
Order Date :- 30.3.2018 NLY