Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5556 of 2019 Applicant :- Ayodhya Prasad Opposite Party :- Divyakant Shukl, Joint Director Of Education Allahabad Region Counsel for Applicant :- Gautam Baghel,D.K.Ojha
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 21.05.2019 passed in Writ-A No.8124 of 2019 (Ayodhya Prasad v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 21.05.2019 is quoted as under:-
"A perusal of the impugned order reveals that there is absolutely no finding returned therein that the adhoc appointment of the petitioner was contrary to the provisions of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981 or are not in accordance with Section 18 of the Act. On the other hand, the District Inspector of Schools, while according approval to the appointment of the petitioner on 24.9.1996 had held that it was made after following the procedure prescribed.
In such view of the matter, the impugned order cannot be sustained and is hereby quashed. The writ petition is allowed. The matter is remitted back to the Regional Selection Committee for according fresh consideration to the claim of the petitioner for regularization of his adhoc services expeditiously, preferably within a period of next ten weeks from the date of receipt of certified copy of this order, as the petitioner is stated to have already retired on 31.3.2019."
It is averred in the affidavit so filed alongwith contempt application 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 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 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 :- 29.8.2019 A. Pandey