Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 240 of 2019 Applicant :- Anand Kumar Chaurasiya Opposite Party :- Amar Nath Updadhyay Counsel for Applicant :- Pradeep Kumar Chaurasia Counsel for Opposite Party :- Praveen Kumar Giri
Hon'ble Ajit Kumar,J.
Case is called out. None is present on behalf of the applicant.
By means of this contempt application filed under Section 12 of the Contempt of Courts Act, 1971, non-compliance of order of the writ Court dated 27.11.2018 passed in Writ-A No.21339 of 2018 is complained of.
From pleadings as come up in the affidavit filed in support of this contempt application, it transpires that the petitioner- applicant came to be selected in the recruitment of Police Constables held in the year 2018 and certain verifications were required to be done from Superintendent of Police, Maharajganj, the district of which the petitioner is resident of.
A compliance affidavit has been filed in this case sworn by Sri Rohit Singh Sajwan - opposite party no.2 in which the verification report submitted by the Superintendent of Police, Maharajganj dated 23.06.2019 has been annexed as anenexure no.8.
Upon perusal of the order of the writ Court, I find that the direction of the writ Court was to the effect that the 6th respondent namely the District Magistrate, Maharajganj shall complete and draw the verification report and transmit the same to the 5th respondent namely Superintendent of Police, Maharajganj who shall in consequence pass appropriate orders in respect of the selection of the petitioner-applicant.
The Superintendent of Police, Maharajganj who was respondent no.5 in the writ petition called for a verification and recommendation from the Senior Superintendent of Police, Azamgarh for the purposes of facilitating the appointment of the petitioner-applicant in the Police Constables recruitment held in the year 2018 and in consequence thereof the Superintendent of Police, Maharajganj did submit report and found the petitioner-applicant to be unsuitable in view of the settled criminal cases pending against him.
Since the order was to the effect only that the verification be done and an appropriate action be taken against the concerned respondent and the same has been done, in the considered opinion of this Court, the order of the writ Court has stood complied with. Insofar as the correctness of the order is concerned that can be examined in appropriate proceedings at an appropriate forum and it is open for the applicant to contest the same on merits by instituting appropriate proceedings.
In view of the above, no cause to maintain this contempt application survives.
This contempt application is consigned to records. Notices issued, if any, stand discharged.
Order Date :- 19.8.2021 Shahroz