Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6432 of 2019 Applicant :- Dr. Rakesh Kumar Sharma And 3 Others Opposite Party :- Prasant Trivedi, Principal Secretary Anubhag - 1 Counsel for Applicant :- Vikas Budhwar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicants.
By order dated 9.5.2019 passed in Writ A No.7282 of 2019 filed by the applicants, the Court directed as under:
"In regard thereto, without entering into the merit of the case, as well as, rival contentions raised by the respective parties, it is provided that the first respondent, Principal Secretary (Medical Education), Anubhag-2 (Ayurvedic), Government of U.P., Lucknow shall consider and decide the claim/representation of the petitioner, by a reasoned and speaking order, expeditiously, preferably, within three months from the date of filing of certified copy of this order along with the copy of the writ petition.
With the aforementioned observations/directions, the writ petition stands disposed of."
Learned counsel for the applicants submits that 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 four weeks from the date of production of a certified copy of this order.
The applicants shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within three weeks 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 applicants to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 30.9.2019 RKP