Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2605 of 2019 Applicant :- C/M Kisaan Mazdoor Madhyamik Vidyalaya, And Another Opposite Party :- Ajai Kumar Singh, Basic Shiksha Adhikari Counsel for Applicant :- Yogesh Kumar Saxena
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 24.4.2018 passed in Writ A No.10418 of 2018 filed by the applicant, the Court directed as under:
"In view of the observations made above, the respondents would not be justified in refusing to grant permission to fill the post for the reasons recorded in the order impugned. Consequently, the order dated 24.3.2018 cannot be sustained and is quashed. The authority concerned shall re-visit the issue, keeping in view the observations made in C/M Dwivedi Mahadev Prasad Purva Madhyamik Vidyalaya (supra) and in accordance with Rules of 1978, within a period of two months from the date of presentation of certified copy of this order.
With the aforesaid observations, this writ petition stands disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 9.5.2018 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 one month 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 :- 30.4.2019 RKP