Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5471 of 2019 Applicant :- Dinesh Kumar Singh Opposite Party :- Smt. Kanak Tripathi, Commissioner Counsel for Applicant :- Sanjay Kumar Mishra
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 15.02.2019 passed in PIL No.321 of 2019 (Dinesh Kumar Singh v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"This Public Interest Litigation has been preferred for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the authorities concerned to take the necessary action in pursuant to enquiry report dated 17.7.2018 and the order/letter dated 13.9.218, whereby the District Magistrate, Mau has been directed to initiate the disciplinary proceedings against the wrong doers, who have been found guilty in the enquiry report.
From the materials on record, it appears that on the complaint of the petitioner a fact finding enquiry was conducted by the Deputy Commissioner, (Food and Civil Supply Department), Varanasi Region Varanasi. The said report dated 17th of July, 2018 is on record as annexure 4 to the writ petition.
The grievance of the petitioner is that in respect of the said enquiry, wherein certain serious irregularities have been found against some of the officials, no action has been taken by the appropriate authority.
We have perused the said enquiry report and we are of the view that to meet the ends of justice a direction is to be issued upon the Commissioner, Azamgarh Division, Azamgarh, fourth respondent to look into the matter and issue necessary direction to the concerned authority for an appropriate decision.
With the aforesaid observations, the Public Interest Litigation is disposed of.
We hope and trust that the fourth respondent shall take an appropriate decision, expeditiously, preferably within a period of two months from the date of the publication of certified copy of this order."
It is reflected from the record 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 :- 27.8.2019 SP/