Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3090 of 2021 Applicant :- Nanka And 8 Others Opposite Party :- Sri K.K. Gupta, Director General Medical Education And Training Jawahar Bhawan Counsel for Applicant :- Surendra Kumar
Hon'ble Prakash Padia,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 18.12.2020 passed in Writ Petition No.11848 of 2020 (Nanka And 8 Others Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"Heard learned counsel for the petitioner and learned Standing Counsel for respondents no.1 to 3.
The petitioners are engaged on contract basis in pursuance of an advertisement issued by the Principal, Moti Lal Nehru Medical College, Prayagraj, who has submitted a proposal dated 06.06.2019 to the Director General, Medical Education and Training, Jawahar Bhawan, 6th Floor, Lucknow in accordance with the Government Order dated 30.08.2019 recommending fixation of wages for the petitioners. The said proposal dated 06.06.2019, a copy of which is annexed as Annexure 6 to the writ petition, is said to be pending before the Director General, Medical Education and Training Jawahar Bhawan, 6th Floor, Lucknow, who, it is said, is loath to pass orders on the same.
Sri J.S. Bundela, learned Standing Counsel accepts notice on behalf of all the respondents. He does not seek time to file a return on behalf of all the respondents, looking to the nature of the order that this Court proposes to pass.
Matter is, accordingly, being disposed off.
Considering the entire facts and circumstances, the Director General, Medical Education and Training, Jawahar Bhawan, Lucknow is ordered to decide the pending proposal submitted by the Principal, Moti Lal Nehru Medical College, Prayagraj within six weeks of receipt of a certified copy of this order, in accordance with law by a speaking order."
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully not complied with the order and, thus, have committed civil contempt for punishment under Section 12 of the Contempt of Courts Act, 1971. Prima facie a case of contempt has been made out but from perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the authorities would not function properly despite this, it is expected from the authorities to comply with the order of this Court in its letter and spirit.
In this view of the matter, 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 copy of this order.
Accordingly, the present contempt application is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.8.2021 saqlain