Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5489 of 2019 Applicant :- Daya Shankar Yadav Opposite Party :- Amit Kishor, D.M.
Counsel for Applicant :- Gautam,Shardeshwar Mishra
Hon'ble Mahesh Chandra Tripathi,J.
By order dated 21.1.2019 passed in Writ C No.1632 of 2019 filed by the applicant, the Court directed as under:
"Present petition has been filed with a prayer to direct the respondent no. 2 to conclude the inquiry constituted on 16.7.2018 in respect of development work carried out in the village Birani, Block Laar Salempur, Post Ajana District Deoria within stipulated time.
Petitioner is complainant. Submission is that he has filed a complaint against Gram Pradhan, however, the same has not been considered till date whereas U.P. Panchayat Raj (Removal of Pradhan and Up Pradhan) Enquiry Rules, 1997 provides that the preliminary enquiry should be completed within 30 days from the date of complaint.
In such view of the matter, present petition stands disposed of with a direction to the respondent no. 2-District Magistrate, Deoria to complete the preliminary enquiry within a period of 30 days from the date of receipt of a copy of this order, if not already concluded.
No order as to costs."
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 one month 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 :- 27.8.2019 RKP