Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6289 of 2019 Applicant :- Arvind Kumar Opposite Party :- Triyugi Narain Singh, Divisional Director And Another Counsel for Applicant :- Ajal Krishna,Deepti Srivastava
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 respondents for disobedience of the order dated 17.07.2019 passed in Writ-A No.5382 of 2019 (Arvind Kumar v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 17.07.2019 is quoted as under:-
"In view of the aforesaid discussions, this writ petition succeeds and is allowed. Order dated 20th March, 2019 passed by the Divisional Forest Officer, Hathras Forest Division, Hathras, contained in Annexure-1 to the writ petition, stands quashed. Petitioner would be entitled to continue in light of the order of regularization passed on 27th January, 2016, with all consequential benefits including salary etc. It will be open for the respondents to pass a fresh order, keeping in view the observations made above as also the law laid down in Mohan Swaroop (supra)."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents 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 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 recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 :- 26.9.2019 A. Pandey