Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4430 of 2021 Applicant :- Km. Pooja Pandey Opposite Party :- Dr Kuldeep Singh, Examination Controller Counsel for Applicant :- Mohammad Asif,Om Prakash Ram
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 06.01.2021 passed in Writ Petition No. 25398 of 2020 (Km. Pooja Pandey Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"Heard learned counsel for the petitioners, Sri Pratik Chandra, learned counsel for the respondent nos. 2 and 3 and perused the material available on record.
By way of the instant petition, the petitioner has prayed for issuance of writ, order or direction in the nature of mandamus directing and commanding the respondents to promote the petitioner in L.L.B II Semester and permit the petitioner for login the III Semester of L.L.B.
Claim of the petitioner is that he appeared and passed the first semester of the L.L.B examination from the institution of respondent no.4. Thereafter, he also appeared in the second semester examination after depositing the requisite fees. However, after elapse of time, he was denied to permission to appear in examination on account of fact that he is not duly admitted to the second semester. In that regard, some representation has also been moved, which is annexed as Annexure No.4 to the writ petition.
It is directed that the petitioner may move fresh copy of application/representation before respondent no.3 within fifteen days from today and in case any such representation is so made, the same shall be considered and disposed of by reasoned and speaking order within a period of one month next from the date of production of certified copy of this order before it.
With the aforesaid direction, the instant petition is disposed of. Cost easy."
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 willfully 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 four 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 applicant 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 :- 25.10.2021 saqlain