Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3689 of 2019 Applicant :- Indrajeet Singh Opposite Party :- Satya Prakash Tripathi, Assistant Director Of Education ( Basic) Counsel for Applicant :- Vijit Saxena,Pravin Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 14.11.2018 passed in Writ A No.23789 of 2018 filed by the applicant, the Court directed as under:
"In view of the above facts and circumstances of the case, I hereby direct the 5th respondent, namely, Assistant Director of Education (Basic), U.P., Lucknow to take positive action in the light of the directions issued by the Under Secretary, Government of U.P., Lucknow in its letter dated 10th September, 2018 (Annexure-5 to the writ petition) strictly in accordance with law and before acting on the report of the District Basic Education Officer, Sant Kabir Nagar, if he has any query to be made either from the District Basic Education Officer, Sant Kabir Nagar or from the Under Secretary, Government of U.P., Lucknow, he shall make the same and shall take final decision in the matter positively within two months from the date of production of a certified copy of this order.
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 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 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 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 applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 30.5.2019 RKP