Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3698 of 2019 Applicant :- Archana Yadav Opposite Party :- Smt. Rubi Singh, Secretary U.P. Basic Shiksha Parishad Counsel for Applicant :- Subedar Mishra,Shailesh Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 30.11.2018 passed in Writ A No.25297 of 2018 filed by the applicant, the Court directed as under:
"The petitioner seeks relief in the nature of mandamus directing the concerned respondent namely, U.P. Basic Education Board, Allahabad to consider her transfer to Mainpuri where her in-laws are living and she has to look after them.
Learned counsel for the petitioner is permitted to impleade Secretary U.P. Basic Siksha Parishad and the notice for the same is accepted by Sri R.P. Singh, learned Advocate.
Considering the grievance of the petitioner, in the first instance, let the matter be examined by Secretary U.P. Basic Education, Allahabad in the light of the relevant provisions and the rules framed and the Government Orders.
It is made clear that this Court has not expressed any opinion about the claim of the petitioner and the matter should be looked into by the concerned respondent no. 5 and appropriate order may be passed, strictly in accordance with law, within a period of six weeks from the date of production of certified copy of this order.
With the above observation the writ petition is disposed of."
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 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 stamped 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 recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
Order Date :- 30.5.2019 RKP