Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3716 of 2019 Applicant :- Mahendra Singh Opposite Party :- Ram Singh, Basic Shiksha Adhikari Counsel for Applicant :- Anil Kumar 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 17.07.2018 passed in Writ-A No.15099 of 2018 (Mahendra Singh v. State of U.P. & Ors.). For ready reference the order dated 17.07.2018 is quoted as under:-
"Heard learned counsel for the petitioner and the learned standing counsel for the State- respondents.
The grievance of the petitioner that his representation dated 2.1.2018 with respect to non payment of arrears of salary for the period from August 2009 to April 2011 as an Assistant Teacher in Primary Vidyalay Khwaja Ahmadpur, Shamshabad, district Farrukhabad needs to be considered at first instance by the respondent no.3.
In view of the aforesaid, this writ petition is disposed of directing the respondent no.3 to decide the representation of the petitioner in accordance with law, expeditiously, preferably within six weeks from the date of presentation of a certified copy of this order along with a copy of the representation dated 2.1.2018.
It is made clear that this Court has not expressed any opinion on merits of the claim of the petitioner."
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 three 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 :- 31.5.2019 SP/