Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2527 of 2019 Applicant :- C/M Shri Jawahar Inter College Opposite Party :- Vinay Kumar Pandey, Director Of Education (Secondary) Counsel for Applicant :- Sandeep Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 12.10.2018 passed in Writ A No.22062 of 2018 filed by the applicant, the Court directed as under:
"4. In view of the above, no useful purpose would be served in keeping the present petition pending any further. Without going into the merits of the case, the present writ petition is disposed of with the following directions:
(i) the District Inspector of Schools, Mathura shall make appropriate note on the aforesaid applications dated 05.03.2018 and 04.07.2018, within a period of two weeks from the date of production of a certified copy of this order;
(ii) the District Inspector of Schools, Mathura may sent the papers to the Director of Education (Secondary), U.P. at Lucknow for consideration as to grant of prior permission, within a period of one week therefrom;
(iii) the Director of Education (Secondary), U.P. at Lucknow shall consider the prayer for grant of prior permission as sought, in accordance with law, within a period of one month from the date of receipt of application and pass appropriate order."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the District Inspector of School, Mathura on 02.11.2018. The District Inspector of Schools, Mathura has forwarded the recommention to the Director of Education (Secondary) U.P. Lucknow on 7.12.2018 but inspite of said recommendation, the opposite party has not complied with the order of this Court 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 three 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 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 :- 26.4.2019 RKP