Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2235 of 2021 Applicant :- Chandra Shekhar Opposite Party :- Mrs. Sri Hitesh C. Awasthy D.G.P.
Counsel for Applicant :- Ajay Singh
Hon'ble Prakash Padia,J.
The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 22.02.2019 passed in Writ Petition No. 2881 of 2019 (Chandra Shekhar Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Heard learned counsel for the petitioner and Sri J.S. Bundela learned Standing Counsel for the State.
Undisputedly against the orders impugned, the petitioner has the statutory remedy of filing a revision under the 1991 Rules. Faced with this learned counsel for the petitioner sought permission for withdrawal of the writ petition subject to liberty being reserved to the petitioner to institute a revision.
Accordingly this petition is disposed of with liberty as prayed with the further observation that in case a revision is preferred before the competent authority within a period of two weeks from today, the same shall be duly attended to and disposed of in accordance with law and preferably within a period of four months therefrom."
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 for punishment under Section 12 of the Contempt of Courts Act, 1971. Prima facie a case of contempt has been made out but from perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the authorities would not function properly despite this, it is expected from the authorities to comply with the order of this Court in its letter and spirit.
In this view of the matter, 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 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 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 :- 25.10.2021 saqlain