Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3661 of 2019 Applicant :- Jogender Kumar Opposite Party :- Vinay Kumar Pandey, Director Of Education (Secondary) Counsel for Applicant :- Kamal Pati Shukla,Anurag Shukla
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 12.10.2018 passed in Writ Petition No.21967 of 2018 (Jogendra Kumar v. State of U.P. & Ors.). For ready reference the order dated 12.10.2018 is quoted as under:-
"1. The petitioner appears to be aggrieved by the promotion granted by the Regional Level Committee to the private-respondent no.6 on the post of Lecturer (Hindi) at Janta Janardan Inter College, Basera, District- Muzaffarnagar.
2. The grievance of the petitioner is that the said respondent is not duly qualified. In the above regard, the petitioner also appears to have made representations to the Director of Education (Secondary), U.P., Allahabad under the provisions of Section 16-E(10) of the U.P. Intermediate Education Act, 1921 on 19.06.2018 and 21.08.2018. The said representation are stated to be pending.
3. Without entering into the merits of the case, the present writ petition is disposed of with a direction that the Director of Education (Secondary), U.P., Allahabad-respondent no.2 may proceed to hear and decide the petitioner's representation/objection, strictly in accordance with law necessarily after affording due opportunity of hearing to the respondent nos.5 and 6. The aforesaid exercise may be completed as expeditiously as possible, preferably within a period of four months from the date of production of a certified copy of this order."
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 :- 30.5.2019 SP/