Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5322 of 2019 Applicant :- Dr. Nusrat Jahan Opposite Party :- Neelma Gupta, Vice -Chancellor Counsel for Applicant :- Rohan Gupta 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 08.03.2017 passed in Writ-A No.58118 of 2008 (Dr. Nusrat Jahan v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 08.03.2017 is quoted as under:-
"It is, therefore, clear from the averments made in the writ petition and the affidavit filed by the University that though the College claims to have sent the papers relating to the selection of the petitioner as a Lecturer in 1998, the University denies having received the said documents. The stand of the University is that it is only in 2004 that some papers relating to selection were sent by the College but these papers were incomplete and though the University has sought documents, the College has not sent any reply. The stand of the University is also that there was no vacancy against which the petitioner claims to have been selected.
We do not propose to examine the issues on merits as a decision has yet to be taken by the University. The University has sought certain information from the College. It is for the College to supply the said information. The University may, therefore, send a reminder to the College to furnish the information within a stipulated time and thereafter take a decision whether the College sent the information or not. The decision should be taken at an early date."
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 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.
Learned counsel for the applicant informed to the court that in response to the writ court order the University has made certain queries from the Institution vide letter dated 23.06.2018 and reply to the same has been sent on 24.09.2018. Even thereafter the reminder has also been sent by the applicant before University.
Order Date :- 22.8.2019 A. Pandey