Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3009 of 2019 Applicant :- Smt. Madhu Anil Verma Opposite Party :- Shri S.K. Gupta, Deputy Chief Engineer (Construction) Ii Counsel for Applicant :- Ratnesh Kumar Pandey,Pawan Singh Pundir Counsel for Opposite Party :- Sanjay Kumar Tiwari
Hon'ble Mahesh Chandra Tripathi,J.
The short counter affidavit filed today on behalf of opposite party is taken on record.
Heard learned counsel for the applicant.
By order dated 30.11.2018 passed in Writ A No.25282 of 2018 filed by the applicant, the Court directed as under:
"Sri Vivek Rai, learned Standing Counsel appearing for the third respondent states that the claim of the petitioner for pension, gratuity and other post retiral dues shall be duly attended to and disposed of by the said respondent in accordance with law and preferably within a period of three months from the date of presentation of a certified copy of this order.
Accordingly and without going into the merits of the claim of the petitioner, this petition shall stand disposed of in light of the statement noted above."
Learned counsel for the applicant submits that 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 three months 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 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 applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 30.5.2019 RKP