Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4507 of 2019 Applicant :- Committee Of Management Janta Junior High School, And Another Opposite Party :- Dr. Rajendra Singh, District Basic Education Officer Counsel for Applicant :- Prakash Chandra Pathak
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 02.04.2019 passed in Writ Petition No.4951 of 2019 (C/M Janta Junior High School Sohani & Anr. v. State of U.P. & Ors.), the operative portion of which for ready reference is quoted as under:-
. 6. Since the controversy involved has already been decided by this Court in case of C/m Karwal Devi Kanya Lathu Madhyamik Vidyalaya, Gorakhpur (Supra) the Court think it proper to decide the present case also in terms of the law laid down in the aforesaid case.
7. In view of the aforesaid, the order passed by the respondent no. 3 - District Basic Education Officer, Jaunpur dated 2.3.2019 is liable to set aside and the same is hereby quashed. The respondent no. 3-District Basic Education Officer, Jaunpur is directed to decide the aforesaid issue afresh in terms of the observations made here-in-above within a period of two months from the date of production of a certified copy of this order.
8. With the aforesaid observations, this writ petition stands disposed of.
9. It is made clear that this Court has not expressed any opinion on merits of the case and the authority concern shall pass order independently, 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 :- 25.7.2019 SP/