Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6367 of 2019 Applicant :- Dharampal Sharma And Another Opposite Party :- Satendra Kumar, District Basic Education Officer Counsel for Applicant :- Dr. Neel Kamal Sharma
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 respondents for disobedience of the order dated 09.07.2019 passed in Writ-A No.10133 of 2019 (Dharampal Sharma and another v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 09.07.2019 is quoted as under:-
"Considering the facts and circumstances of the case, this petition is disposed of with a direction to the respondent no. 5-District Basic Education Officer, Meerut to consider and decide the representation of the petitioners strictly in accordance with law within two months from the date of production of certified copy of this order. Petitioner is given liberty to file photostat copy of the representation alongwith certified copy of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.5 to decide the case of the petitioners after considering the relevant Rules and Government Order etc. occupying the field."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents 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 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 parties and another self-addressed 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 recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 :- 27.9.2019 A. Pandey