Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3721 of 2019 Applicant :- Mukesh Opposite Party :- Arvind Kumar, Divisional Forest Officer Counsel for Applicant :- Lallan Prasad Pal 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 14.12.2018 passed in Writ Petition No.26466 of 2018 (Mukesh v. State of U.P. & Ors.). For ready reference the order dated 14.12.2018 is quoted as under:-
"Learned counsel appearing for the third respondent states that subject to all contentions on merits being left open, the claim of the petitioner for grant of minimum in the pay scale shall be duly evaluated by the said respondent in accordance with law and bearing in mind the decision of the Supreme Court in Sabha Shankar Dubey Vs. Divisional Forest Officer and Others, Civil Appeal No. 10956 of 2018, decided on 14th November, 2018.
Accordingly, and in light of the statement, so made, this petition shall stand disposed of with the direction that the 3rd respondent shall re-evaluate and consider the claim of the petitioner, bearing in mind the decision of the Supreme Court in Sabha Shankar Dubey.
The exercise of consideration shall be completed with expedition and preferably within a period of two months from the date of presentation of a certified copy of this order.
The order impugned in this petition shall abide by the fresh decision that the respondent shall now take."
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 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 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/