Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4756 of 2021 Applicant :- Ashok Kumar Yadav Opposite Party :- Vinay Kumar Pandey, Director Of Education(Seconday) Counsel for Applicant :- Sharad Kumar Srivastava
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 05.08.2021 passed in Writ Petition No. 9277 of 2021 (Ashok Kumar Yadav Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
" Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner is working as Principal in the college of respondent no.5. A notification inviting online application to be uploaded for inter-district transfer between 12 to 16 July, 2021 has been published by the Additional Education Director (Secondary) Uttar Pradesh .
The case of the petitioner is that he tried to submit online application form on 14.07.2021 for inter-district transfer, but he could not succeed as the server was not responding. He again on 16.07.2021 tried to submit an online application form and after logging, he has received O.T.P. sent to his mobile, and after feeding the O.T.P. on the online portal, the website did not open and online application form did not appear on the screen of the petitioner due to which, he could not submit his online application form of inter-district transfer to the vacant post of Principal in the college of respondent no.5.
Learned counsel for the petitioner submits that despite the best effort and for no fault of the petitioner, he could not submit the online application form for inter-district transfer. In this respect, petitioner has submitted an online complaint to respondent no.2, copy of which is annexed as Annexure 10 to the writ petition.
The grievance of the petitioner is that respondent no.2 has not yet looked into the grievance of the petitioner and permitted him to submit online application form for inter-district transfer.
Learned Standing Counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.2 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with liberty to the petitioner to file a fresh representation before the respondent no.2- Director of Education Secondary, U.P. Shiksha Samanya, Prayagraj alongwith a copy of this order downloaded from the official website of High Court, Allahabad duly certified by the leaned counsel for the petitioner, raising all his grievances within a period of two weeks from today. In case any such representation is filed by the petitioner, the respondent no.2 shall decide the same by reasoned and speaking order within a period of one month thereafter."
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 four weeks from the date of production of a 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 :- 27.10.2021 saqlain