Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2713 of 2021 Applicant :- Dr Ravi Shankar Shukla Opposite Party :- Amit Mohan Prasad The Additional Chief Secretary Counsel for Applicant :- Vinay Kumar Tiwari
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 12.01.2021 passed in Writ A No.15083 of 2020, which for ready reference is quoted as under:-
"Heard Sri Vinay Kumar Tiwari, learned counsel for the petitioner and learned Standing Counsel.
Sri Vinay Kumar Tiwari, learned counsel for the petitioner contends the petitioner superannuated from service on 31.7.2014. The grant of 3rd and 4th Special Assured Career Progression Pay Scale to the petitioner were withheld due to pendency of departmental proceedings. The departmental proceedings has been concluded. The petitioner has moved an application dated 5.10.2020 for the grant of aforesaid benefits in view of the conclusion of the enquiry. However the said application has not been decided till date.
The only prayer made by Sri Vinay Kumar Tiwari, learned counsel for the petitioner is that the representation of the petitioner dated 5.1.2020 be decided within stipulated period of time.
Learned Standing Counsel submits that the issue of grant of ACP and other service entitlements are mixed question of fact and law which needs to be determined by the competent authority, in the first instance. He, however, fairly submits that the authorities are under obligation of law to decide the representation within a reasonable period of time.
In view of the above, no useful purpose will be served by keeping this writ petition pending. With the consent of parties, the writ petition is being disposed of finally.
The matter is remitted to respondent No. 1 Additional Chief Secretary, Department of Medical Health Services and Family Welfare, Government of U.P., Lucknow.
A writ in the nature of mandamus is issued commanding the respondent No. 1 Additional Chief Secretary, Department of Medical Health Services and Family Welfare, Government of U.P., Lucknow to execute the following directions:
The respondent No. 1 Additional Chief Secretary, Department of Medical Health Services and Family Welfare, Government of U.P., Lucknow shall decide the representation of the petitioner dated 5.10.2020 for grant of 3rd and 4th Special Assured Career Progression Pay Scale benefits within a period of four months from the receipt of copy of this order downloaded from the official website of the High Court of Judicature at Allahabad along with fresh copy of representation. The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that this Court has not gone into the merits of the case. It is for the competent authority to determine the entitlement of the petitioner with independent application of mind and in accordance with law .
With the aforesaid directions, the writ petition is disposed of. "
Learned counsel for the applicant submits that a 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 two months from the date of production of a 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 two weeks 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 Pramod Tripathi