Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 423 of 2014 Applicant :- Mahesh Chandra Sharma Opposite Party :- Dr. Sri Shyam Bihari Upadhyay Director Forensic Scinece Counsel for Applicant :- Gulab Chandra Counsel for Opposite Party :- S.C. Hon'ble Mahesh Chandra Tripathi,J. Order on Impleadment Application The impleadment application is allowed.
Let the necessary impleadment be carried out forthwith.
Order on Contempt Petition
Heard learned counsel for the applicant.
By order dated 8.4.2013 passed in Writ A No. 18742 of 2013 filed by the applicant, this Court directed as under:
"Petitioner submits that he is entitled for special medical leave and his claim in the direction has not been finalized.
Consequently, in the facts of the case liberty is given to the petitioner to represent his claim before Director Forensic Science Laboratory, Mahanagar, U.P. Lucknow and in event of said claim being set up, same be examined and dealt with in accordance with law preferably within three months from the date of presentation of certified copy of the order passed by this Court.
With the above direction present writ petition is disposed of. "
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 newly impleaded opposite party to comply with the aforesaid order of the writ Court within two 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 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 record thereof.
The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self- addressed envelope 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 :- 29.4.2019 A.K.Srivastava