Heard learned counsel for the applicant.
Submission of learned counsel for the applicant is that applicant approached this Court by means of Writ Petition No. 697 (S/B) of 2014 (Ishwar Chandra Chauhan Vs. State of U.P. and others), seeking direction for commanding the opposite parties to consider his claim for promotion on the post of District Basic Education Officer. The writ Court appreciating the submission of learned counsel for the applicant, specially to the effect that applicant is going to attain the age of superannuation in the month of June, 2014, by means of order dated 23.05.2014 directed the State Government to forward the eligibility list to the Commission within a period of ten days and the Commission thereafter will hold DPC in regard to the promotion of the petitioner/applicant and others and send recommendation to the State Government within a period of ten days next. It was also provided that State Government will thereafter pass promotion order before 30th June, 2014.
Further submission of learned counsel for the applicant is that copy of the oder of writ Court was sent through registered post on 25.05.2014 to opposite party, but no order has been passed in compliance of the order of writ Court, though the applicant reliably learnt that the D.P.C. was held on 28.06.2014 and recommendations were sent to the State Government on the same date itself, but the opposite party did not issue promotion order. Therefore, the applicant is constrained to approach this Court by means of present Contempt Petition for initiating proceedings against the opposite party under the provisions of Contempt of Court Act for willful disobedience of order dated 23.05.2014 of the writ Court.
On due consideration, prima facie, a case of willful disobedience of the order of writ Court is made out.
Let notice be issued to opposite party to appear before this Court on 11.08.2014 to show cause as to why proceedings be not initiated against him under the provisions of Contempt of Court Act for willful disobedience of order of the writ Court dated 23.05.2014 passed in Writ Petition No. 697 (S/B) of 2014 (Ishwar Chandra Chauhan Vs. State of U.P. and others).
Let copy of contempt petition be given to learned Standing Counsel, who will transmit the same to opposite party along with order of this Court passed today for compliance.
Order Date :- 11.7.2014 Tanveer/-