Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4706 of 2019 Applicant :- Committee Of Management. Mahatma Gandhi Smarak Inter College Opposite Party :- Vinay Kumar Pandey, Director Of Education ( Madhyamik), Allahabad Camp Office And Another Counsel for Applicant :- Babboo Ram 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 15.03.2019 passed in Writ Petition No.4308 of 2019 (C/M Mahatma Gandhi Smarak Inter College, Meerut v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"An application has been moved by the petitioner before the District Inspector of Schools, Meerut, for grant of permission to fill up six posts of Class-IV employee, which are lying vacant in Mahatma Gandhi Smarak Inter College, Arnawali, District Meerut. Submission is that in view of the Division Bench judgment of this Court in Principal, Abhay Nandan Inter College, Vishnu Mandir and another Vs. State of U.P. and others, passed in Writ Petition (C) No.45060 of 2015, dated 19.11.2018, outsourcing cannot be a ground to deny consideration and permission to fill up the post.
Learned Standing Counsel submits that an appropriate decision in the matter would be taken by the competent authority, in accordance with law.
In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon respondent no.3 to accord consideration to petitioner's claim, keeping in view the observations made in Principal, Abhay Nandan Inter College, Vishnu Mandir (supra), by passing a reasoned order, within a period of two months from the date of presentation of certified copy of this order. The provisions of unamended Regulation 101 framed under Chapter-III of the U.P. Intermediate Education Act, 1921 would be the basis for such consideration."
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 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 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 :- 30.7.2019 SP/