Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5165 of 2020 Applicant :- Ishwar Dayal Pandey Opposite Party :- Rakesh Kumar, Basic Shiksha Adhikari Counsel for Applicant :- Vikash Chandra Tiwari
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant.
The grievance of the applicant is that the opposite party-contemnor has intentionally and deliberately flouted the order of the Writ Court dated 29.03.2019 passed in Writ Petition No. 4666 of 2019, whereby this Court had directed the third respondent in the writ petition to consider the representation of the petitioner in the light of the judgment of the Supreme Court in the case of U.P. Power Corporation Ltd. Vs. Rajesh Kumar and others 2012 Law Suit (SC) 245 and the directions issued by the Secretary, Basic Shiksha Parishad, Allahabad vide letter dated 9 November 2015 expeditiously and preferably within a period of two months from the date of communication of the order.
Learned counsel for the applicant contends that the aforesaid order of the Writ Court was duly served upon the opposite party on 05.04.2019 along with application. It is contended that in spite of service of the order of the writ Court, same has not been complied with, therefore, the opposite party has deliberately flouted the order of the Writ Court.
The opposite party is bound by the order of this court and in case he does not comply with the directions of the writ court within a period of two months of receipt of this order, without any reasonable cause, the court would have no option but to proceed against him under the Contempt of Courts Act.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party 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 envelope of the applicant with a copy of contempt application to the opposite party within three weeks from today and keep a record thereof.
The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelope within a week thereafter.
In case, opposite party does not comply with the aforesaid directions, it would be open to the applicant to approach this court again.
With the aforesaid observations, this application is finally disposed of at this stage.
Order Date :- 6.1.2021 P. Sri.