Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5528 of 2019 Applicant :- Anil Kumar Opposite Party :- Sri Raj Kumar Viswakarma And 2 Others Counsel for Applicant :- Anil Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
By order dated 29.5.2019 passed in Writ A No. 23729 of 2018 filed by the applicants, this Court directed as under:
"Suffice it to note that 100% of the total sanctioned posts of Head Constables are liable to be filled through promotion on the basis of seniority subject to rejection of the unfit. All constables, according to this provision, are entitled and eligible to be considered for promotion. Significantly, Rule 17 does not prescribe promotion to be made with reference to vacancies existing in a particular year. As is evident from a reading of that Rule 100% of the total sanctioned posts of Head Constables are liable to be filled by way of promotion. Although these rules define a year of recruitment, no other provision prescribes or stipulates that vacancies are to be separately earmarked with reference to the date when they came into existence. The Circular of 19 October 2015 speaks only of the character roll of the employee as existing in the three years immediately preceding the selection in question. Even this circular does not refer to or correlate the computation of three years to the year in which a particular vacancy may have arisen. Consequently the objection as taken in the counter affidavit cannot be countenanced.
The writ petition is accordingly allowed. The respondent Board is consequently directed to reconsider the claim of promotion of the petitioner with effect from the date of issuance of the original promotion notice in accordance with law and the observation made hereinabove. "
It appears from the record 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 six weeks 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 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.
The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self- addressed envelope 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 party within the stipulated time as aforementioned.
Order Date :- 29.8.2019 A.K.Srivastava