Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4205 of 2021 Applicant :- Kaleem Khan Opposite Party :- Shri R.P. Singh, Inspector/Registrar, Board Of Madarsa Education, U.P.
Counsel for Applicant :- Mohammad Ali Ausaf
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant has preferred the present contempt petition for non-compliance of the judgment and order dated 28.01.2021 passed in Writ A No. 1129 of 2021 (Kaleem Khan Vs. State of U.P. and Others). The order is reproduced below:-
"The present writ petition has been filed praying for a writ of mandamus directing respondent No. 2, i.e., Registrar/Inspector, Uttar Pradesh, Arabic Madarsa Education Board to take appropriate decision regarding the appointment of the petitioner on the post of Peon in Madarsa Arabia Sohaliya, Millat Nagar, Natwa, District- Mirzapur.
It has been stated in the writ petition that the petitioner was appointed by the Committee of Management of the Institution as a Peon in the Institution vide order dated 2.2.2016 and joined on the said post on 5.2.2016 and the appointment as well as joining of the petitioner was intimated to the Inspector, Uttar Pradesh, Arabic Madarsa Education Board on 9.2.2016. It has been further stated that no decision is being taken by the Inspector, Uttar Pradesh, Arabic Madarsa Education Board on the intimation send by the Committee of Management.
Without expressing any opinion regarding the claim made by the petitioner in the present writ petition, it is directed that the Inspector, Uttar Pradesh, Arabic Madarsa Education Board shall take appropriate decision on the intimation regarding the appointment of the petitioner within a period of two months from the date a copy of this order is produced before him after examining the matter in accordance with law.
With the aforesaid direction, the writ petition is disposed of."
It is argued by the counsel for the applicant that the order passed by the Writ Court was personally served upon the Inspector, Uttar Pradesh, Arabic Madarsa Education Board but the opposite party has 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 party to comply with the aforesaid order of the Court within two months from the date of production of a copy of this order.
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 party within the stipulated time as aforementioned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.9.2021 Swati