Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2748 of 2021 Applicant :- Hemraj Singh Opposite Party :- Mr. Manoj Kumar Singh Counsel for Applicant :- Ravi Prakash Pandey
Hon'ble Prakash Padia,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 30.09.2020 passed in Writ Petition No.7933 of 2020 (Hemraj Singh Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"Heard learned counsel for the petitioner and Sri Ajay Kumar Singh, Advocate holding brief of Sri Birendra Singh, learned counsel for the respondent nos.2 and 3.
The petitioner was engaged as Computer Operator in Zila Panchayat Banda on 15.06.2013 as daily wager. The petitioner was discontinued since 18.03.2017 as Computer Operator by the Zila Panchayat Banda. On the application of the petitioner for being engaged on daily wager as Computer Operator, in the meeting of Zila Panchayat dated 23.02.2019, unanimously a resolution was passed for appointment of the petitioner as Computer Operator as daily wager. On the basis resolution of the Nagar Panchayat, the Uppar Mukhay Ziladhikari, Zila Panchayat Banda by letter dated 16.10.2019 recommended to the Principal Secretary, Panchayatiraj, State of U.P., Lucknow to grant permission to engage the petitioner as Computer Operator as daily wager.
The grievance of the petitioner is that the respondent no.2-Zila Panchayat Adhyaksha, Zila Panchayat, Banda has not taken any decision on the letter dated 16.10.2019 for his engagement as Computer Operator as daily wager.
Learned Standing Counsel contends that no useful purpose would be served in keeping the matter pending and appropriate direction be issued to respondent No.1 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case, without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with a direction to the petitioner to file a fresh representation before the respondent no.1-Principal Secretary, Panchayatiraj, State of U.P., Lucknow raising all his grievances within a period of three weeks from today. In case any such representation is filed by the petitioner, the respondent no.1 shall consider and decide the same by reasoned and speaking order within a period of four months thereafter.
With the aforesaid observations, the writ petition is disposed of."
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 willfully 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 one month from the date of production of a 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 two weeks 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith 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 :- 30.7.2021 saqlain Digitally signed by Justice Prakash Padia Date: 2021.07.30 15:19:23 IST Reason: Document Owner Location: High Court of Judicature at Allahabad