Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2524 of 2019 Applicant :- Chhotelal Opposite Party :- Vipin Tanda,S.P Counsel for Applicant :- Rajesh Yadav Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 5.10.2018 passed in Writ A No.21321 of 2018 filed by the applicant, the Court directed as under:
"It has been submitted by the learned counsel for the petitioner that the petitioner was promoted from the post of Constable to Sub Inspector, but his matter has been put under sealed cover due to pendency of the criminal case no. 2193 of 2008 under Sections 323, 324 and 120-B IPC and 29 of the Police Act.
In a similar matter, this Court has disposed of the writ petition, namely Writ-A No. 18720 of 2018 (Narendra Singh Vs. State of U.P. & 5 others) on 4.9.2018. A copy of the order dated 4.9.2018 has been produced for perusal of this Court, it is quoted as under:-
"Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner was promoted from the post of Constable to Sub-inspector, but his matter has been placed under the sealed cover due to pendency of Case Crime No.105 of 2005. It is stated that the criminal case is still pending but the petitioner's promotion has been held up. He further submits that in the G.O. dated 28.5.1997, Annexure-9 of the writ petition, it is provided that if the trial proceeds for more than one year, the Committee shall reconsider the matter of promotion of the petitioner and in case the petitioner is found fit for promotion such promotion shall be given on adhoc basis subject to the decision of the criminal case.
The criminal case against the petitioner is pending since 2005, therefore, in view of the G.O. dated 28.5.1997, this writ petition is disposed of with a direction to the respondent no.6 - Superintendent of Police, Ghaziabad to reconsider the matter of the petitioner with regard to opening of sealed cover procedure in accordance with law keeping in mind the provisions of the G.O. dated 28.5.1997, Annexure-9 to the writ petition, within one month from the date of receipt of the certified copy of this order.
It is made clear that the Court has not adjudicated the claim of the petitioner on merit."
Consequently, this writ petition is also disposed of with a direction to the Superintendent of Police, Amroha to reconsider the matter of the petitioner with regard to opening of the sealed cover in accordance with law and keeping in mind the provision of Government Order dated 28.5.1997 within a period of one month from the date a certified copy of this order is produced before him."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the Court within three 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 party 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
Order Date :- 26.4.2019 RKP