Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5492 of 2019 Applicant :- Kashi Nath And 9 Others Opposite Party :- Mr. Vinay Kumar Pandey, Director Of Education, Secondary, U.P.
Counsel for Applicant :- Anand Tiwari
Hon'ble Mahesh Chandra Tripathi,J.
By order dated 26.11.2018 passed in Writ A No.24249 of 2018 filed by the applicants, the Court directed as under:
"Considering the facts and circumstances of the case, as the details relating to petitioners' appointment and approval etc. have been forwarded by the University to the respondent no.2, and that was the only reason, on account of which the arrears of salary were not released earlier, it would be appropriate to direct the second respondent to examine petitioners' claim for release of arrears of salary, afresh, in light of the communication now sent by the University, within a period of three months from the date of presentation of certified copy of this order."
A certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 six weeks from the date of production of a certified copy of this order.
The applicants shall supply a duly stamped registered envelope addressed to the opposite party 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 applicants to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 27.8.2019 RKP