Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4705 of 2019 Applicant :- C/M Shukdev Inter College Opposite Party :- Mahendra Pratap Singh, District Inspector Of Schools Counsel for Applicant :- Saurabh Singh,Sri Amit Saxena, Senior Advocate
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 12.03.2019 passed in Writ Petition No.3971 of 2019 (C/M Shukdev Inter College, Khaga, Distt. Fatehpur v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"It is alleged that there exists a vacant post of Assistant Clerk in the institution which has not been filled since the year 2016. According to the petitioner Committee of Management, large number of letters were sent for grant of promotion to fill up the post, but no decision was taken. In such circumstances, the Managing Committee proceeded to make selection and papers were submitted to District Inspector of Schools, Fatehpur for grant of appropriate approval.
Learned counsel for the petitioner relies upon the order passed by this Court in Abhishek Tripathi Vs. State of U.P. and others, 2015 (3) AWC, 2223 to contend that the prior permission would not be a ground to deny approval in case the appointment is otherwise within the sanctioned strength and fair procedure has been followed. Submission is that at the time of grant of approval, all such aspects can be taken note of and mere absence of prior permission, would not be fatal.
Learned Standing Counsel submits that the authorities concerned be permitted to revisit the issue in light of the law laid down by this Court in Abhishek Tripathi (supra).
Considering the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon respondent no.3 to consider petitioner's claim for for grant of approval, keeping in view the law laid down in Abhishek Tripathi (supra), by passing a reasoned order, within a period of three months from the date of presentation of certified copy of this order.
It is, however, clarified that this Court has not examined petitioner's claim on merits and all issues are left open to be considered in accordance with law."
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 six 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 :- 30.7.2019 SP/