Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6386 of 2019 Applicant :- Brajesh Kumar Opposite Party :- Sri Ajay Chauhan, Commissioner, U.P. Awas Evam Vikas Parishad And Another Counsel for Applicant :- Siddharth Khare 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 07.08.2018 passed in Special Appeal Defective No.496 of 2018 (Brajesh Kumar v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 07.08.2018 is quoted as under:-
"17. In the result, the order dated 07.12.2017 passed by the respondent no.3 cannot be sustained in the eyes of law and therefore, is set aside. For the reason aforementioned, the order dated 24.01.2018 passed by learned Single Judge is set aside. The special appeal is allowed. Respondents are directed to reinstate the appellant on his post forthwith with all consequential benefits."
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, even in response to the said order, the joining of the applicant has been ensured but consequential benefit has not been extended and, thus, the opposite parties 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 stamped 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 :- 27.9.2019 A. Pandey