Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4509 of 2019 Applicant :- Smt. Ashok Kumari Opposite Party :- Ruby Singh, Secretary And Another Counsel for Applicant :- Suyash Pandey,Nand Lal Pandey
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 opposite parties for wilful disobedience of the order dated 11.04.2019 passed in Writ Petition No.61555 of 2012 (Smt. Ashok Kumari v. State of U.P. & Ors.), the operative portion of which for ready reference is quoted as under:-
" 8. Writ petition, consequently, succeeds and is allowed. Orders dated 31.8.2012 and 17.11.2007 stand quashed. Petitioner shall be reinstated on the post of Assistant Teacher and would be paid salary, henceforth. Considering the facts and circumstances of the present case, petitioner would be only entitled to continuity of service but without any back wages, for the period she has not worked."
Learned counsel for the applicant submits that a certified copy of the aforesaid order 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 stamped 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 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.
Order Date :- 25.7.2019 SP/