Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5462 of 2019 Applicant :- Hussain Haider Opposite Party :- Dr. Brajesh Mishra , District Inspector Of Schools Counsel for Applicant :- Sanjay Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 19.04.2019 passed in Writ-A No.5973 of 2019 (Hussain Haider v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Supplementary affidavit filed today is taken on record.
The petitioner claims that he was selected on vacant post of Assistant Clerk in Sajida Girls Inter College, Jaunpur, a minority institution duly recognised under the U.P. Intermediate Education Act, 1921. The documents relating to his selection were forwarded to the District Inspector of Schools by the Manager of the institution alongwith covering letter dated 24.1.2019 followed by several reminders by the petitioner himself but no decision has been taken in the matter so far. The petitioner has, therefore, prayed for a mandamus commanding the District Inspector of Schools, the third respondent to accord consideration to his claim for grant of approval on the post of Assistant Clerk in the institution as per provisions of Section 16-FF of the Act.
Learned standing counsel very fairly states that the decision would be taken by the third respondent within such time as may be directed by this Court.
Accordingly, the instant petition is disposed of by directing the third respondent to decide the claim of the petitioner for grant of approval to his appointment on the post of Assistant Clerk in the institution in accordance with Section 16-FF of the Act within a period of ten weeks from the date of production of a certified copy of this order alongwith fresh representation."
It is reflected from the record 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 six 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 :- 27.8.2019 SP/