Court No. - 30
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4027 of 2018 Applicant :- Dr. Rakesh Kumar Lal Opposite Party :- Shri Prashant Trivedi, Principal Secretary Counsel for Applicant :- Siddharth Khare Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the applicant.
Pursuant to the orders dated 14.8.2018 and 6.9.2018 Sri P.K. Giri, learned Additional Chief Standing Counsel has produced a copy of the instructions dated 18.9.2018. In paragraph 6 whereof it has been stated that different inquiry reports are contradictory in nature and therefore, two months further time is required for looking into the matters.
In view of such undertaking and prayer for extension of time, no fruitful purpose would be served by keeping this application pending.
The present contempt application has been filed for punishing the Opposite Party for willful disobedience of the judgment and order dated 27.4.2017 passed by this Court in Writ Petition No. 31705 of 2012 (Dr. Rakesh Kumar Lal vs. State of U.P. and others), wherein this Court has observed as under :-
"17. Matter is remitted back for proceeding afresh from the stage of the charge-sheet. We also provide that the State Government may consider as to whether to proceed and conduct enquiry afresh or not. We further provide that enquiry may be concluded and final decision may be taken within a period of four months, from the date of production of certified copy of this order, if decision is taken to proceed and conduct the enquiry afresh."
It is stated that in spite of service upon the opposite party, no order has yet been passed.
Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 27.4.2017 passed in the aforesaid writ petition.
However, no notice is issued to the opposite party at this stage. The opposite party is granted two months further time to comply with the judgment and order dated 27.4.2017 passed by this Court in Writ Petition No. 31705 of 2012 from the date of receipt of certified copy of this order.
In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again.
With the aforesaid observations, this application is finally disposed of at this stage.
Order Date :- 20.9.2018 Lalit Shukla