Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4683 of 2019 Applicant :- C/M Maa Gayatri Institute Chandaus Opposite Party :- Rajnish Chandra, Director Counsel for Applicant :- Arun Kumar Misra
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 28.11.2018 passed in Writ C No. 38811 of 2018 filed by the applicant, this Court directed as under:
"The matter is remitted back to respondent no. 4. A mandamus is issued to respondent no. 4 commanding him to consider and decide the application for release of scholarship fee submitted by the petitioner institution in accordance with law.
It is clarified that the respondent no. 4 shall conduct a due diligence exercise and make relevant queries and verify the facts before passing final decision in the matter. The above exercise shall be completed within a period of two months. The respondent no. 4 shall decide the claim of the petitioner regarding reimbursement of fee of scheduled caste students within a period of two months by a reasoned and speaking order.
The writ petition is disposed of."
Learned counsel for the applicant 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 writ 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 party 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 party within one week thereafter and keep a record thereof.
The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self- addressed envelope 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 :- 30.7.2019 A.K.Srivastava