Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3658 of 2019 Applicant :- Heera Lal Sharma Opposite Party :- Santosh Kumar Rai, District Basic Education Officer Counsel for Applicant :- Raj Kishore Yadav 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 14.11.2018 passed in Writ-A No.23746 of 2018 (Hira Lal Sharma v. State of U.P. & Ors.). For ready reference the order dated 14.11.2018 is quoted as under:-
"Heard learned counsel for the parties.
The grievance of the petitioner is that post-retirement dues of the petitioner has not been paid in the ratio to which he is entitled in accordance with law and in this connection he has made representation to the 2nd respondent on 7th August, 2018.
Without going into the merits of the contention raised by the petitioner, I hereby direct the 2nd respondent to look into the grievance of the petitioner and pass an appropriate order strictly in accordance with law. It is further directed that in case if any dues are found which is admissible to the petitioner, the same shall be paid within six weeks from the date of decision taken by the 2nd respondent on the representation of the petitioner dated 7th August, 2018.
The writ petition stands disposed of with the aforesaid observations and directions."
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 four 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 :- 30.5.2019 SP/