Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5425 of 2019 Applicant :- Mohammad Akmal Opposite Party :- Sureshwar, Additional Secretary (Recruitment) U.P. Police Recruitment And Promotion Board Counsel for Applicant :- Rajesh Kumar Pandey,Ashish Kumar Shukla
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 respondents for disobedience of the order dated 19.12.2018 passed in Writ-C No.22071 of 2018 (Mohd. Akmal v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 19.12.2018 is quoted as under:-
"According to the petitioner the physical efficiency test was to be conducted on 17 September 2018 and since he was admitted in hospital he could not participate. Reference is also made to clause 7 of the Call letter which puts in place a Grievance Redressal mechanism with the competent authority to evaluate whether there was a valid reason for the petitioner not participating in the physical efficiency test.
Learned Standing Counsel on instructions states that subject to all contentions on merits being left open, the competent authority, if moved by way of a detailed representation within a period of two weeks from today shall duly attend to the relief as claimed and take a decision thereon in accordance with law and preferably within a period of two months therefrom."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents 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 four 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 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 parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 :- 26.8.2019 A. Pandey