Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4597 of 2021 Applicant :- Monika Yadav Opposite Party :- Deepti Umashankar,Chairman And Another Counsel for Applicant :- Syed Mohammad Abbas Abdy
Hon'ble Prakash Padia,J.
It is stated by learned counsel for the applicant that a supplementary affidavit has been filed by him in the Registry on 23.10.2021 but the same is not on record.
Office is directed to trace the supplementary affidavit and place the same on record.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 07.09.2021 passed in Writ Petition No. 5813 of 2021 (Monika Yadav Vs. Union of India & others). The operative portion of the aforesaid order is quoted as under:-
"However, in view of the controversy at hand, the petitioner claims to have attempted around 83 questions and as Annexure 7 reflects 'not attempted', this difficulty can be addressed only by respondent no. 2 who is possessed of all the records pertaining to the examination undertook by the petitioner accordingly to avoid any further delay, the writ petition is disposed off with liberty to the petitioner to approach the Staff Selection Commission through its Chairman Block No. 12, C.G.O. Complex, Lodhi Road, New Delhi (respondent no. 2) either herself or through her authorized representative alongwith whatever records available in her support. The respondent no. 2 shall accord hearing and shall take steps to address after going through the records that may be available before the respondent no. 2, in accordance with law. The respondent no. 2 shall take a decision with all expedition preferably within a period of two weeks from the date of production of a copy of this order before him.
The petition is disposed off in terms of the said direction.
Copy of the order downloaded from the website of Allahabad High Court shall be accepted/treated as certified copy of the order."
It reveals from perusal of the record that in the writ petition Staff Selection Commission through its Chairman, Block No.12, C.G.O. Complex Lodhi Road, New Delhi-110003 was arrayed as respondent No.2.
It is argued that specific direction has been given by this court that the matter be decided by the Chairman, Staff Selection Commission but the matter was decided by the Deputy Secretary, thereby committed violation of the order of this Court.
From a perusal of the record, prima facie, a case for contempt is made out. Issue notice to opposite party returnable within a month.
The counter affidavit may be filed within the aforesaid period or else charges may be framed after summoning the noticee.
However, one more opportunity is granted to the opposite party to comply with the order within a month.
The noticee need not appear at this stage.
The office may send a copy of this order along with the notice.
Order Date :- 26.10.2021 saqlain