Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3720 of 2019 Applicant :- Anuj Kumar Opposite Party :- Raj Kumar Vishwakarma, Chairman, U.P. Police Recruitment And Promotion Board Counsel for Applicant :- Tahir Husain 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 opposite parties for wilful disobedience of the order dated 27.11.2018 passed in Writ-A No.24962 of 2018 (Anuj Kumar v. State of U.P. & Ors.). For ready reference the order dated 27.11.2018 is quoted as under:-
"Heard Shri Ali Qambar Zaidi, holding brief of Shri Tahir Husain, learned counsel for the petitioner and learned standing counsel for the State - respondents.
The case, set forth in this petition, is that the merit score of the petitioner has been wrongly computed by the respondents, as a consequence of which, he has been declared unsuccessful in the selection process. This issue itself arises, since, according to the petitioner, his Intermediate examination mark sheet was initially erroneously prepared showing him to be absent in a particular subject. The corrected mark sheet has, however, been issued to the petitioner in March, 2018 and bears the date of 25th May, 2014. The merit list was prepared and published by the respondents only thereafter in May, 2018.
In view of the aforesaid facts, learned standing counsel appearing for the 2nd respondent states that the claim of the petitioner shall be duly evaluated and a decision be taken upon the same, in accordance with law, and in any case, within a period of one month from the date of production of a certified copy of this order.
Accordingly and in light of the statement so made, this petition shall stand disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order 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 three 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 parties and another self-addressed stamped envelope to the office within one week 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.
Order Date :- 31.5.2019 SP/