Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3578 of 2019 Applicant :- Jai Karan Morya And Another Opposite Party :- Sri Bhanu Chandra Goswami, D.M. And Another Counsel for Applicant :- Ravindra Nath Yadav,Abhishek Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,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 26.09.2018 passed in Writ-C No.32630 of 2018 (Bittan devi v. State of U.P. & Ors.). For ready reference the order dated 26.09.2018 is quoted as under:-
"Heard Sri R.N. Yadav, learned counsel for the petitioner and learned Standing counsel for the respondents.
The petitioner by means of this writ petition wants that Druti Hospital,Allahabad respondent no. 9 be sealed and that proper treatment should be provided to her husband and she be paid compensation for the inappropriate treatment given to her husband.
The petitioner submits that for the above reliefs she has represented to the various authorities including the District Magistrate but no action has been taken by any of them.
In case the petitioner alleges that no proper treatment was given to her husband or that the hospital is adopting mal-practices, the appropriate remedy for the petitioner is to get the registration of the hospital cancelled in accordance with the provisions of The Clinical Establishments (Registration and Regulation) Act, 2010.
The said Act vide Section 8 provides for an authority with the District Collector as the Chairperson and District Welfare Officer as the Convener.
In view of the above, we are of the opinion that the petitioner for the above purpose can approach the said authority through its Chairperson and get the registration cancelled. In so far as the compensation for the incorrect treatment given to her husband is concerned, the petitioner may approach the appropriate forum under the Consumer Protection Act,1986 for redressal of the said grievance.
In case the petitioner so approaches, her application/representation shall be considered by the authority most expeditiously in accordance with law, if possible, within three months.
The writ petition is disposed of with the above direction."
Learned counsel for the applicant submits 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 :- 29.5.2019 SP/