Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1658 of 2018 Applicant :- Ganga Ram Soni Opposite Party :- Aprana Gangully, Superintendent Of Police Counsel for Applicant :- Arun Kumar Tripathi
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the applicant.
By order dated 07.04.2017 passed in Writ-A No.14400 of 2017 (Ganga Ram Soni vs. State of U.P. and others) filed by the applicant, the writ Court directed as under :
"The petitioner was initially appointed as a Follower in Civil Police. Later, he was appointed as an Orderly Peon. By the impugned order he has been transferred to Police Station Ghazipur for working as a Cook in mess. It is stated that the petitioner has complied with the said transfer order and joined there.
The grievance of the petitioner is that he is an orderly peon and to work in mess is not his duty according to his service condition.
I have heard learned counsel for the petitioner and learned Standing Counsel.
Having regard to the grievance raised by the petitioner, in my view, it would be appropriate to grant opportunity to the petitioner to make a representation for redressal of his grievance before the respondent no. 2, who shall consider his grievance and pass the appropriate order in accordance with law within three months from the date of communication of this order.
Accordingly, the writ petition is disposed of. No order as to costs."
Learned counsel for the applicant 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 writ Court within a further period of two months from the date of receipt of this order.
The applicant shall supply a duly stamped registered envelop addressed to the opposite party 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 envelop of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.
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 party within the stipulated time as aforementioned.
Order Date :- 30.3.2018 NLY