Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5419 of 2019 Applicant :- Ashwani Kumar And Another Opposite Party :- Dr. S.Chinappa, Superintendent Of Police Counsel for Applicant :- Hritudhwaj Pratap Sahi,Samarath Singh,Sankalp Narain
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 24.01.2019 passed in Writ-A No.1198 of 2019 (Ashwani Kumar and Another v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 24.01.2019 is quoted as under:-
"Learned Standing Counsel appearing for the second respondent states that subject to all contentions on merits being left open the claim of the petitioners for fixation of pay scale shall be duly attended to and disposed of by the said respondent in accordance with law and preferably within a period of two months from the date of presentation of a certified copy of this order along with any representation which the petitioners may choose to make.
Accordingly and without going into the merits or otherwise of the claim of the petitioners, this petition shall stand disposed of in view of the statement made and noted."
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 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 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 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 :- 26.8.2019 A. Pandey