Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4503 of 2019 Applicant :- Kusmakar Bhatt Opposite Party :- Mr. Raju, Chief Account Officer ( Pension) U.P. Jal Nigam Counsel for Applicant :- Azad Khan Hon'ble Mahesh Chandra Tripathi,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 30.03.2019 passed in Writ Petition No.4713 of 2019 (Kushmakar Bhatt v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard Shri Azad Khan, learned counsel for petitioner and Shri Pranjal Mehrotra, learned counsel for respondent Nos.2 to 4, Jal Nigam.
Petitioner was an employee of Jal Nigam, who attained the age of superannuation on 31.07.2017, certain retiral dues were released by respondent-Jal Nigam except leave encasement, balance amount of gratuity and arrears of dearness allowance.
Shri Pranjal Mehrotra, counsel for Jal Nigam submits that no such representation has been made by petitioner in regard to the same.
In view of the above, it is directed that if petitioner makes a representation to respondent No.4 within 15 days from today, the same shall be decided by reasoned and speaking order within three months thereafter.
With the aforesaid directions, the writ petition stands disposed of."
Learned counsel for the applicant submits 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 six 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 :- 25.7.2019 SP/