Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3000 of 2019 Applicant :- Smt. Neelam Gupta Opposite Party :- R.P. Singh, Manager Counsel for Applicant :- Manoj Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
The supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant.
By order dated 16.5.2018 passed in Writ A No.9761 of 2004 filed by the applicant, the Court directed as under:
"Be that as it may, considering the statement of learned counsel for the petitioner as afore-noted, this writ petition is disposed of directing the respondents to compute the arrears of salary of the petitioner, if any, within four weeks from the date of submission of a certified copy of this order. If any amount is found due and payable to the petitioner, the same shall be paid to the petitioner by the respondents or the Dugdh Utpadak Sahkari Sangh Ltd. Varanasi as has been stated by the learned counsel for the respondents, within next six weeks.
The petitioner shall submit a certified copy of this order before the respondent No.1 within ten days from today and shall also supply her current residential address and mobile number, if any, to enable the respondents to make correspondence with her.
Liberty is also granted to the petitioner to make a detailed representation before the respondent No.1 giving full particulars of her arrears of salary."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party 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 party 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 party within one week thereafter and keep a recorded thereof.
The opposite party 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 party within the stipulated time as aforementioned.
Order Date :- 30.5.2019 RKP