The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 28.09.2018 passed in Writ-A No.20559 of 2018 (Harish Kumar Sharma v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 28.09.2018 is quoted as under:-
"It is stated that much after petitioner's retirement an order has been passed unilaterally determining his salary at a lower level and direction has been issued to recover the amount held to have been paid in excess. Submission is that the action impugned is in violation of principles of natural and in derogation of law laid down by the Apex Court in State of Punjab and others vs. Rafiq Masih (White Washer) reported in (2015) 4 SCC 334.
Matter requires consideration.
Notice on behalf of respondent nos.1 to 6 has been accepted by learned Standing Counsel. He may file counter affidavit within six weeks. Rejoinder affidavit may also be filed within two weeks, thereafter.
List thereafter.
Till the next date of listing, no recovery shall be made from the petitioner."
It is averred in the affidavit filed alongwith contempt application that a certified copy of the aforesaid order alongwith other documents 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 three 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 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 parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 :- 27.8.2019 A. Pandey