Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5096 of 2019 Applicant :- Har Charan Lal And 33 Others Opposite Party :- Raj Kumar Vishwakarma, The Chairman / Secretary Counsel for Applicant :- Atipriya Gautam,Abhishek Kumar,Shri Vijay Gautam , Senior Advocate
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicants.
By order dated 14.2.2019 passed in Writ A No.2353 of 2019 filed by the applicants, the Court directed as under:
"This petition has been preferred seeking promotion of the petitioners from the post of Constable to Head Constable.
The petitioners contend that no adverse entries or punishments have been imposed in the past five years prior to the period of consideration in terms of the notification of promotion. The further allegation is that although promotion is to be affected on the basis of 'Seniority subject to rejection of the unfit', juniors of the petitioners have been promoted.
Learned Standing Counsel submits that subject to all contentions on merits being left open, the third respondent shall duly consider the grievance of the petitioners and pass a reasoned and speaking order dealing with the said claim with due notice to the private respondents herein.
Learned Standing Counsel states that this exercise of consideration shall be concluded with expedition and preferably within a period of three months from the date of presentation of a certified copy of this order.
Accordingly and without going into the merits of the claim of the petitioners, this petition shall stand disposed of in light of the statement noted above."
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 two months 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 one week 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 :- 22.8.2019 RKP