Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4831 of 2021 Applicant :- Naresh Chand Opposite Party :- Sri Saurabh Babu Counsel for Applicant :- Upendra Upadhyay
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 28.7.2021 passed in Writ Petition No. 7332 of 2021 ( Naresh Chand Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"Heard learned counsel for the petitioner and the learned Standing Counsel for State-respondents.
The petitioner has retired from the post of Marketing Inspector (Class-III Employee) from the office of the District Food Marketing Officer, Agra on 31.3.2021. The petitioner has not been paid the salary for the months of February and March, 2021 and also the post retiral dues till date. The petitioner in this respect has submitted his application on 31.3.2021 before the authority concerned, which is still pending.
The grievance of the petitioner is that the authority concerned has neither considered his application nor passed any order of payment of aforesaid dues.
Learned Standing Counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.2 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with liberty to the petitioner to file a fresh representation before the respondent no.2-Commissioner, Food & Civil Supply, U.P.Jawahar Bhawan, Lucknow raising all his grievances within a period of two weeks from today. In case any such representation is filed by the petitioner along with the copy of this order downloaded from the official website of the Allahabad High Court duly certified by the learned counsel for the petitioners, the respondent no.2 shall decide the same by reasoned and speaking order within a period of two months thereafter.
The writ petition is disposed of subject to the observations made above."
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 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 six weeks from the date of production of a 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 two weeks 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.
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 :- 29.10.2021/saqlain