Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5449 of 2019 Applicant :- Km. Jyoti Opposite Party :- Raj Kumar Vishwakarma, Secretary Of Uttar Pradesh Police, Recruitment And Promotion Board Counsel for Applicant :- Alok Singh
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 25.04.2019 passed in Writ Petition No.5501 of 2019 (Km. Jyoti v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard Sri Ravi Jha, learned counsel holding brief of Sri Anil Kumar Srivastava, learned counsel for the petitioner and learned Standing Counsel.
Petitioner, by the instant writ petition, seeks following relief:
"to issue a writ, order or direction in the nature of mandamus commanding the respondent nos.2 and 3 to hold the physical examination test of the petitioner on the post of Constable Civil Police and Constable P.A.C. pursuant to the Advertisement/Notification No. PRPB-ONE-1(112) U.P. Police Department."
Learned Standing Counsel, on instructions, submits that the case of the petitioner shall be considered in terms of decision rendered by this Court in Dharm Wati Vs. State of U.P. and others (Writ - A No. 3767 of 2019) decided on 22 April 2019.
In view thereof, the writ petition is, accordingly, disposed of."
It is reflected from the record 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 two 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 :- 27.8.2019 SP/