Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4692 of 2019 Applicant :- C/M Acharya Nami Sagar Jain Inter College And Another Opposite Party :- Girjesh Kumar Chaudhary, District Inspector Of Schools Counsel for Applicant :- Satya Prakash Singh,Sanjay Yadav
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 28.02.2019 passed in Writ-C No.3174 of 2019 (C/M Acharya Nami Sagar Jain Inter College and Another v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 28.02.2019 is quoted as under:-
"As the decision impugned in that regard is inconsistent with the law laid down by this Court in Principal, Abhay Nandan Inter College, Vishnu Mandir (supra), which has disapproved the provisions of outsourcing itself, the order impugned cannot be sustained.
Writ petition, accordingly, succeeds and is allowed. Order impugned dated 19.12.2018 stands quashed. The Inspector shall take a fresh decision, keeping in view the law laid by this Court in Principal, Abhay Nandan Inter College, Vishnu Mandir (supra), within a period of two months from the date of presentation of certified copy of this order."
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 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 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 :- 30.7.2019 A. Pandey