Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5406 of 2019 Applicant :- C/M Sriram Janki Sanskrit Uttar Madhyama Vidyalaya And Another Opposite Party :- Pramod Kumar, Deputy Director Education (Sanskrit) Directorate And Another Counsel for Applicant :- Adil Jamal 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 respondents for disobedience of the order dated 04.09.2018 passed in Writ-C No.18733 of 2018 (C/M Sriram Janki Sanskrit Uttar Madhyama Vidyalaya And Another v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 04.09.2018 is quoted as under:-
"As jointly agreed by the counsel for the petitioners and learned Standing Counsel, this writ petition is disposed of by directing the respondent no. 2 and 3 to initiate the process of selection in accordance with law after applying the procedure within four weeks from today. The counsel for the petitioners undertakes to furnish/produce the certified copy of this order before the respondent nos. 2 and 3 respectively within one week from today."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents was submitted for compliance before the opposite parties, even cognizance has been taken in the matter and notice has been issued to the applicant 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 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 parties 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 parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 :- 26.8.2019 A. Pandey