Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3738 of 2019 Applicant :- Atul Kumar Singh Opposite Party :- Shogun Gautam, Superintendent Of Police Counsel for Applicant :- Anurag Bhatt Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 25.1.2019 passed in Writ A No. 664 of 2019 filed by the applicant, this Court directed as under:
"In view of the above, the learned Brief Holder appearing for the third respondent states that the claim of the petitioner for release of pensionary as well as the other benefits shall be duly attended to and disposed of by the said respondent with due notice to all surviving heirs of the deceased government servant. The learned Brief Holder states that all endeavour shall be made to conclude the exercise with expedition and preferably within a period of three months from the date of presentation of a certified copy of this order.
Accordingly and without going into the merits or otherwise of the claim of the petitioner, 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 was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the writ Court within six 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 party 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 party within one week thereafter and keep a record thereof.
The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self- addressed envelope 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 party within the stipulated time as aforementioned.
Order Date :- 31.5.2019 A.K.Srivastava