Court No. - 38
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5903 of 2021 Applicant :- Kanchan Lata Bhardwaj Opposite Party :- Naval Kishor, Scretary Education Service Selection Board Counsel for Applicant :- Abhinav Ojha,Rakesh Chandra Pathak
Hon'ble Jayant Banerji,J.
By means of this application contempt proceedings against the opposite party has been sought for wilful disobedience of the order dated 27.7.2021 passed in Writ-A No. 7571 of 2021 (Kanchan Lata Bhardwaj Vs. State of U.P. and 2 others), whereby, the Court had observed as follows:
"In view of the said argument, I have no hesitation in holding that the denial of the candidature of the petitioner should have been informed to the petitioner prior to the selection process being completed and the order being passed subsequent to the said examination itself shows the malafide action of the respondents. As such, once the petitioner's candidature is held to have been denied for consideration in a wrong manner, this Court deems it fit to issue a direction to the respondents for considering the candidature of the petitioner even if there is an administrative inconvenience.
The writ petition is disposed of in terms of the said directions."
It is contended by the learned counsel that the aforesaid order of the writ Court was communicated to the opposite party by means of a letter dated 2.8.2021 which was dispatched by registered post on 3.8.2021. It is contended that a reminder was also sent to the opposite party by means of a letter dispatched by the registered post on 2.11.2021.
Prima facie, a case has been made out for framing charges against the opposite party for wilful disobedience of the judgment and order of the writ Court. However, no notice is being issued to the opposite party at this stage and the opposite party is granted one more opportunity to comply with the order of the writ Court.
Under the circumstances, the applicant shall supply a duly stamped registered post envelope addressed to the opposite party and another self-addressed envelope to the office within ten working days 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 one week thereafter and keep a record 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 two weeks thereafter.
In case, the opposite party does not comply with the order, it would be open to the applicant to approach this Court again.
With the aforesaid observations, this application is disposed of.
Order Date :- 22.12.2021 A. V. Singh (Jayant Banerji, J.)