Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3670 of 2019 Applicant :- C/M Shri Shiv Narain Inter College And Another Opposite Party :- Vinay Kumar Pandey, Director Of Education And Another Counsel for Applicant :- Gautam Baghel Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 25.05.2018 passed in Writ-A No.12671 of 2018 (C/M Shri Shiv Narain Inter College, Etawah & Anr. v. State of U.P. & Ors.). For ready reference the order dated 25.05.2018 is quoted as under:-
"Petitioner committee of management is before this Court with the grievance that a post of Assistant Clerk has fallen vacant on 26.5.2017 in the institution and permission has been sought from the District Inspector of Schools, Etawah to permit the petitioner to fill it but no permission has yet been granted. It is stated that the authority concern has failed to exercise jurisdiction in terms of Regulation 101 on account of which the institution itself is adversely affected. It is contended that the committee of management has sought appropriate permission in the matter and the District Inspector of Schools Etawh has also forwarded the claim of the petitioner to the Director of Education on 11.9.2017 but no decision has yet been taken.
Learned Standing Counsel submits that grievance of petitioner shall be examined, in accordance with law.
Considering the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the respondent no.2 to accord consideration to the petitioner's request for grant of permission to fill up the post of Assistant Clerk in the institution by exercising jurisdiction in terms of Regulation 101.The required permission shall be obtained from the Director of Education and appropriate orders, in that regard, would be passed by the District Inspector of Schools, Etawah within a period of two months from the date of presentation of certified copy of this order."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have 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 parties to comply with the aforesaid order of the Court within four weeks 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 parties 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 stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant 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 parties within the stipulated time as aforementioned.
Order Date :- 30.5.2019 SP/