Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2693 of 2021 Applicant :- Smt Archana Singh Opposite Party :- Prashant Trivedi Upper Mukhya Sachiv Counsel for Applicant :- Ashok Kumar Singh Yadav
Hon'ble Prakash Padia,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 09.03.2021 passed in Writ Petition No.4325 of 2021 (Smt Archana Singh Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"The petitioner is before this Court for following reliefs:-
"(i) Issue a writ, order or direction in the nature of writ of mandamus commanding and directing the respondent no.2 to consider the claim of the petitioner for extension of service on her respective post in Government Homoeopathic Medical College, Ghazipur within stipulated period as prescribed by this Hon'ble Court.
(ii) Issue a writ, order or direction in the nature of writ of mandamus commanding and directing the respondent no.2 to engage the petitioner on her respective duty as prescribed on her respective post in Government Homoeopathic Medical College, Ghazipur and also direct the respondents to ensure the payment of salary of petitioner as and when falls due within stipulated period as prescribed by this Hon'ble Court.
(iii) Issue a writ, order or direction in the nature of writ of mandamus commanding and directing the respondent no.2 to adhere to the terms of the Government Order dated 27.10.2017 on the basis of which petitioner was selected and appointed i.e. their continuance till availability of regular selected candidates or till attaining the age of 65 years, whichever is earlier."
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the writ petition stands disposed of with observation that in case the petitioner makes fresh representation to the authority concerned ventilating her grievance within two weeks, the authority would decide the same in accordance with law in further six weeks.
Present order has been passed with due assistance of Shri Devesh Vikram, learned Standing Counsel.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing."
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully 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 one month from the date of production of a copy of this order.
The applicant is directed to submit a copy of this order along with a copy of the order passed by the Writ Court before the opposite party or the person who joined the post in question within a period of two weeks from today. The applicant shall also supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 saqlain