Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3587 of 2019 Applicant :- Asif Ali Opposite Party :- Sri Amres Chandra Dubey, Executive Engineer Counsel for Applicant :- Faiz Ahmad 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 11.01.2019 passed in Writ Petition No.522 of 2019 (Asif Ali v. State of U.P. & Ors.). For ready reference the order dated 11.01.2019 is quoted as under:-
"1. Heard learned counsel for the petitioner and Shri Pranjal Mehrotra who appears on behalf of the respondents No. 2 to 4.
2. It is the case of the petitioner that his father was appointed as a Head Clerk in the office of the respondent and he died in 2015. His mother namely Smt. Shakila Bibi applied for family pension which was approved and she was given such family pension in the year 2016 but gratuity was not paid. Smt. Shakila Bibi also died on 28.02.2018. The petitioner is the dependant of late Sajid Ali and Smt. Shakila Bibi and he filed a representation on 20.09.2018 to release all remaining dues of his father. But the same has not been considered till date.
3. Shri Pranjal Mehrotra has pointed out that there is no mention in the writ petition regarding whether petitioner is the only dependent of late Sajid Ali and he is only legal heir and representative.
4. This Court without entering into the merits of the controversy disposes of this writ petition with a direction to the respondent No. 4 to look into the grievance of the petitioner as mentioned in his representation and after hearing all concerned including other dependants of late Sajid Ali, pass appropriate and speaking order within a period of four months from the date a certified copy of this order is produced before him."
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 two months 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 :- 29.5.2019 SP/