Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6298 of 2019 Applicant :- Jatashankar Yadav Opposite Party :- Dr. Padmakar Singh, Director General Health And Medical Services Counsel for Applicant :- Sanjay Maurya 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 respondents for disobedience of the order dated 25.07.2019 passed in Writ-A No.10997 of 2019 (Jatashankar Yadav and another v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 25.07.2019 is quoted as under:-
"The order of transfer is assailed on the ground that wife and daughter of petitioner no.1 are physically disabled, while petitioner no. 2 is himself disabled. It is stated that in terms of transfer policy, they have ought to have been kept out of transfer chain. It is stated that petitioner no.2 is suffering from 60% disability.
Learned Standing Counsel submits that petitioners have been continuing at present place of posting since long.
Considering the fact that petitioner no.2 is 60% disable and, wife and daughter of petitioner no. 1 are also stated to be disabled, it would be appropriate to permit the petitioners to represent against the order of transfer before respondent no. 2, along with certified copy of this order within ten days from today. In case such claim is raised, the authority concerned would examine the same in terms of transfer policy, by passing a reasoned order, within a period of six weeks, thereafter. For a period of two months or disposal of such representation, whichever is earlier, petitioners would be allowed to continue at present place of posting and their further continuance shall abide by the fresh order to be passed, as directed above."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents 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 four 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 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 recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 :- 26.9.2019 A. Pandey