Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5477 of 2019 Applicant :- Mohd. Amir Opposite Party :- Rajesh Prakash, Regional Higher Education Officer Counsel for Applicant :- Shailesh Pandey
Hon'ble Mahesh Chandra Tripathi,J.
By order dated 12.4.2019 passed in Writ A No.5665 of 2019 filed by the applicant, the Court directed as under:
"The petitioner is seeking compassionate appointment on a Class IV post, after the death of his father, who was working as a Lab. Assistant in Geography Department at Gandhi Faiz-A-Aam College, Shahjahanpur, a minority Institution. It is pointed out that the Regional Higher Education Officer, Bareilly has sent a communication to the Principal of the Institution on 13.2.2019 asking him to forward the service record of the deceased employee to enable him to take further action in the matter. The grievance urged is that no further action has been taken in the matter so far.
Learned standing counsel very fairly states that the third respondent would take decision in the matter within such time, as may be directed by this Court.
Accordingly, without entering into the merits of the claim of the petitioner, the instant petition is disposed of by directing the fourth and fifth respondents to forward the relevant documents, as asked for by respondent No. 3 by letter dated 13.2.2019, if not already sent, within a period of two weeks from the date of receipt of certified copy of this order. The third respondent shall thereafter take decision in the matter within next four weeks."
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 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 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 :- 27.8.2019 RKP