Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4577 of 2019 Applicant :- Brij Nath Singh Opposite Party :- Om Prakash, Commandant 42nd Batalian Counsel for Applicant :- Bramh Narayan Singh
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 04.12.2018 passed in Writ-A No.25462 of 2018 (Brij Nath Singh v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 04.12.2018 is quoted as under:-
"Learned Standing Counsel states that subject to all contention on merits being left open, the claim of the petitioner for promotion to the post of Head Constable shall be duly attended to and disposed of by the respondent No. 3 in accordance with law. He further submits that the said respondent while dealing with the claim of the petitioner shall also take note of the order dated 14 June 2018 in terms of which the adverse entry awarded against the petitioner has been set aside. He further submits that the said respondent shall endeavour to dispose of the claim of the petitioner 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 of the claim of the petitioner, this petition shall stand disposed of in light of the statement noted above."
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 three 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 :- 25.7.2019 A. Pandey