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C/M Banshi Bazar Inter College And Another vs Vinay Kumar Pandey

High Court Of Judicature at Allahabad|06 January, 2021
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JUDGMENT / ORDER

Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5185 of 2020 Applicant :- C/M Banshi Bazar Inter College And Another Opposite Party :- Vinay Kumar Pandey, Director Of Secondary Education And Another Counsel for Applicant :- Gautam Baghel,Om Prakash Singh
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant.
The grievance of the applicant is that the opposite party-contemnor has intentionally and deliberately flouted the order of the Writ Court dated 30.09.2019 passed in Writ Petition No. 15374 of 2019, whereby this Court had directed the opposite party no. 1 that in case there is a vacancy that has to be filled by the direct recruitment, the permission earlier granted by the Director could not be withheld pursuant to the subsequent order passed by the Director on 03.06.2019, if there is no other legal impediments.
Learned counsel for the applicant contends that the aforesaid order of the Writ Court was duly served upon the opposite party no. 1 on 16.10.2019 along with application. It is contended that in spite of service of the order of the writ Court, same has not been complied with, therefore, the opposite party no. 1 has deliberately flouted the order of the Writ Court.
The opposite party no. 1 is bound by the order of this court and in case he does not comply with the directions of the writ court within a period of two months of receipt of this order, without any reasonable cause, the court would have no option but to proceed against him under the Contempt of Courts Act.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within two weeks 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 no. 1 within three weeks from today and keep a record thereof.
The opposite party no. 1 shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelope within a week thereafter.
In case, opposite party no. 1 does not comply with the aforesaid directions, it would be open to the applicant to approach this court again.
With the aforesaid observations, this application is finally disposed of at this stage.
Order Date :- 6.1.2021 P. Sri.
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Title

C/M Banshi Bazar Inter College And Another vs Vinay Kumar Pandey

Court

High Court Of Judicature at Allahabad

JudgmentDate
06 January, 2021
Judges
  • Suneet Kumar
Advocates
  • Gautam Baghel Om Prakash Singh