Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4798 of 2021 Applicant :- Chanchal Pachauri Opposite Party :- Sri Anil Garg, Secretary Irrigation Department And Another Counsel for Applicant :- Ashutosh Mishra
Hon'ble Prakash Padia,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 30.09.2020 passed in Writ Petition No.6071 of 2020 (Chanchal Pachauri Vs. State of U.P. & another). The operative portion of the aforesaid order is quoted as under:-
"9. In view of the above exposition of law, now the term 'family' will include married daughter as well. Thus, the order impugned cannot be sustained. The respondents are directed to give compassionate appointment to the petitioner, if otherwise she is eligible as per relevant rules within a period of eight weeks from the date of production of copy of this order.
10. With the aforesaid observations and directions, the writ petition is allowed.
11. The copy of the order available on official website of this Court shall be treated to be genuine one, however, as and when the certified copy of the order is issued, the same shall also be submitted before the competent authority."
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully 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 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 two weeks 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.10.2021 saqlain