Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4524 of 2019 Applicant :- Fitarat Ullah Khan And Another Opposite Party :- Sri. Manoj Kumar Singh, Principle Secretary, Nagar Vikas ( Anubhag-1) U.P.
Counsel for Applicant :- Ram Milan Mishra 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 opposite parties for wilful disobedience of the order dated 01.03.2019 passed in Writ Petition No.7199 of 2019 (Fitarat Ullah Khan & Anr. v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"1. Heard Sri Vijay Kumar, learned counsel for petitioners and learned Standing Counsel for respondents.
2. Petitioners admittedly are complainant and on the basis of complaint an enquiry has already been conducted by respondents. Petitioners' grievance is that no final decision has been taken by Competent Authority till date while recommendation on enquiry report has already been sent on 12.6.2018.
3. In our view, a writ of mandamus in absence of any statutory provision cannot be issued.
4. Be that as it may, since enquiry has already been concluded and in enquiry report, we find that concerned Enquiry Officer has found objectionable and illegal conduct of some person, Competent Authority must take a final decision within a reasonable time and cannot sit over indefinitely.
5. In view of above, without expressing any opinion on merits of issue and considering facts and circumstances of the case, this writ petition is disposed of finally with a direction to the Competent Authority to take a final decision in the matter by passing a reasoned and speaking order in accordance with law within a period of two months from the date of production of a certified copy of this order before him."
Learned counsel for the applicant submits 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 :- 25.7.2019 SP/