Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3166 of 2021 Applicant :- Govind Narayan Pal Opposite Party :- Kuldeep Singh,Gm Counsel for Applicant :- Bhole Ram
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 22.01.2021 passed in Writ A No. 793 of 2021 (Govind Narayan Pal Vs. State of U.P. And Others), which for ready reference is quoted as under:-
"The petitioner claims that he was a Pump Operator in Jal Sansthan and retired from service on 31.12.2016. The grievance urged is that his retiral benefits and arrears of ACP and promotional pay scale have not been paid despite repeated representations. The submission is that the respondents be directed to decide the representation of the petitioner dated 24.9.2020 (Annexure-4) within a specified time frame to which Sri Omkar Dutt Malviya, learned counsel for the respondent, has no objection.
Accordingly, the instant petition is disposed of with direction to respondent no. 4 to decide the representation of the petitioner dated 24.9.2020 by a speaking order within a period of twelve weeks from the date of receipt of a true attested copy of this order. In case any amount is found due and payable to the petitioner, the same shall be paid to the petitioner within eight weeks from the date of passing of such order, failing which, the petitioner would be entitled to interest @ 8% per annum."
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 six weeks from the date of production of a copy of this order.
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 applicant along-with 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 :- 16.8.2021 Swati