Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3696 of 2019 Applicant :- Nasir and 3 others Opposite Party :- Sri Aunjaneya Kumar Singh, (Ias) D.M. And 2 Others Counsel for Applicant :- Uttar Kumar Goswami
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicants.
By order dated 21.2.2019 passed in Writ C No.6102 of 2019 filed by the applicant, the Court directed as under:
"Present petition has been filed with a prayer to direct the respondent no. 2, District Magistrate, Rampur to take appropriate decision upon complaint application made by the petitioners as well as other villagers of Gram Panchayat Jaytauli, Post Office Shahabad, Block Shahabad, Tehsil Shahabad, District Rampur dated 21.12.2018 in terms of Rule 3 of U.P. Panchayat Raj (Removal of Pradhan, Up Pradhan and members) Enquiry Rules, 1997 by speaking and reasoned order in accordance with law within stipulated period.
It is submitted that the preliminary enquiry has been initiated on the complaint of the petitioner, however, the same has not been concluded till date whereas U.P. Panchayat Raj (Removal of Pradhan and Up Pradhan) Enquiry Rules, 1997 provides that the preliminary enquiry should be completed within 30 days from the date of complaint.
In such view of the matter, present petition stands disposed of with a direction to the respondent no. 2, District Magistrate, Rampur, to complete the preliminary enquiry within a period of 30 days from the date of receipt of a copy of this order, if not already concluded, provided the complaint is in accordance with Rules.
No order as to costs."
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 one month 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 envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.
The opposite parties 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 parties within the stipulated time as aforementioned.
Order Date :- 30.5.2019 RKP