Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5339 of 2019 Applicant :- C/M Dr. Ambedkar Bal Sudhar Shiksha Samiti And 6 Others Opposite Party :- Ashish Goyal, Principal Secretary, Basic Education Counsel for Applicant :- Sunil Kumar Singh,Raj Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicants.
By order dated 3.12.2018 passed in Writ C No.39703 of 2018 filed by the applicant, the Court directed as under:
"The matter is remitted back to the respondent no. 1. A mandamus is issued to the respondent no. 1 to execute the following directions:
(i). It is open to the petitioners to approach the competent authority for brought under the grant-in-aid. In case such application is submitted the same shall be decided by the competent authority in the light of the law laid down by this Court as well as by the Hon'ble the Supreme Court in the case of Paripurna Nand Tripathi (supra) and Pawan Kumar Divedi (supra) respectively, the terms of the Government Order dated 17.01.2014 and other provisions of law as applicable.
(ii). The respondent no. 1 shall ensure that the due diligence exercise is conducted into the credentials of the staff and teachers, infrastructure and all other relevant criteria. Upon consideration of relevant criteria, the respondent no. 1 shall pass appropriate orders in the matter in accordance with law.
(iii). This exercise shall be completed expeditiously preferably within a period of six months from the date of receipt of a certified copy of this order along with a copy of the representation.
The writ petition is disposed of finally."
Learned counsel for the applicants submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party 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 applicants shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped 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 party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him of 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 party within the stipulated time as aforementioned.
Order Date :- 22.8.2019 RKP