Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4266 of 2021 Applicant :- Arvind Kumar Yadav Opposite Party :- Dr V.K. Sharma, District Inspector Of School Counsel for Applicant :- Ram Pratap Yadav,Devbratt Yadav
Hon'ble Prakash Padia,J.
The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 01.11.2019 passed in Writ Petition No. 15417 of 2016 (Arvind Kumar Yadav Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
The present petition has been filed challenging the order dated 11.1.2016 (Annexure-1 to the writ petition), whereby the respondent no. 3 has refused to grant financial approval to the appointment of the petitioner on the post of clerk at Sri Shreepati Intermediate College, Sajai Khanjahanpur, Azamgarh.
The brief submission of the counsel for the petitioner is that the petitioner was appointed on the post of clerk after obtaining prior approval by the Committee of Management. It is stated that the approval for appointing the clerk was granted vide letter dated 30th September, 2004 and in pursuance to the said approval, the petitioner was appointed by the Committee of Management. The papers of the appointment of the petitioner along with relevant records were forwarded to the respondent no. 3 for grant of financial approval. It is further stated that several requests were made for expeditious disposal of the approval as sought by the Committee of Management, however, nothing was done for a substantial time. It is further stated that vide order dated 11.1.2016, the respondent no. 3 has passed an order rejecting the grant of financial approval to the appointment of the petitioner on the post of clerk solely on the ground that although the original file was received in the Office of respondent no. 3 on 13.11.2004, however, the same could not be traced in the Office of the respondent no. 3 and subsequently the Principal again got the file prepared and sent on 27.11.2014, as such, there was a considerable delay and on that sole ground the order dated 11.1.2016 rejecting the request for grant of approval was passed by the respondent no. 3.
Perusal of the order dated 11.1.2016, which is on record, clearly records that the documents pertaining to the grant of financial approval to the appointment of the petitioner on the post of clerk was received in the Office of respondent no. 3 on 13.11.2004, however, as the file was not traceable in the Office of the respondent no 3, a fresh file was sent on 27.11.2014, as such the delay, if any, was clearly attributable to the Office of the respondent no. 3 and no fault could be found on the part of the petitioner or the respondent no. 4 in this regard. On this count alone, the order dated 11.1.2016 is wholly erroneous.
I am of the clear view that the respondent no. 3 ought to have considered the grant of financial approval to the appointment of the petitioner on the post of clerk on its merits and in accordance with law and the delay attributable to the Office of the respondent no. 3 could not have been made a ground for refusing the approval as has been done by means of the impugned order.
The impugned order dated 11.1.2016 is clearly arbitrary and illegal and deserves to be set aside and is accordingly set aside. The respondent no. 3 is directed to pass a fresh order regarding financial approval to the appointment of the petitioner on the post of clerk after affording an opportunity of hearing to the petitioner as well as to the respondent no. 4 within a period of two months from the date of production of certified copy of this order, in accordance with law. It is clarified that this Court has not gone into the merits of appointment of the petitioner which shall be considered by Respondent no. 3 while passing fresh order as directed.
The writ petition is disposed of in terms of the said order. "
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 for punishment under Section 12 of the Contempt of Courts Act, 1971. Prima facie a case of contempt has been made out but from perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the authorities would not function properly despite this, it is expected from the authorities to comply with the order of this Court in its letter and spirit.
In this view of the matter, 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 four 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 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 :- 25.10.2021 saqlain