Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3989 of 2021 Applicant :- Kirti Kumari Opposite Party :- Ran Veer Prasad, Secretary Of Basic Education Counsel for Applicant :- Anita Singh,Nirmla Kumari,Prem Babu Verma
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and order dated 23.3.2021 passed in Writ A No.3398 of 2021. The order is reproduced hereinbelow :-
"1. Solitary grievance of the petitioner appears to be that her claim for transfer has been rejected though she fulfils policy requirements for such transfer, inasmuch as she has an infant child of three months and her husband is also not well.
2. Without entering into the merits of the case and without accepting the grievance voiced, inasmuch as, the reason for rejecting the petitioner's transfer application has not been communicated to her, the present petition is disposed of with a direction that in case the petitioner files a fresh representation before the respondent no.2, within a period of two weeks from today, the said respondent may decide the claim of the petitioner, as expeditiously as possible, preferably within a period of three months from the date of filing that representation, if there is no legal impediment."
Learned counsel for the applicant submits that a 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 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 two weeks 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith 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 :- 23.9.2021 Pramod Tripathi