Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5496 of 2019 Applicant :- Smt. Nisha Rao Opposite Party :- Smt. Ruby Singh, Secretary, U.P. Basic Education Board Counsel for Applicant :- Sudhanshu Pandey
Hon'ble Mahesh Chandra Tripathi,J.
By order dated 25.3.2019 passed in Writ A No.4069 of 2019 filed by the applicant, the Court directed as under:
"In the facts and circumstances of the case and with the consent of learned counsel for the parties, the present writ petition is disposed of directing the petitioner to make a fresh representation along with a photocopy of the earlier representation and a certified copy of this order ventilating all her grievances before respondent No.3/Secretary, U.P. Basic Education Board Prayagraj within a period of three weeks' from today.
If such a representation is made, respondent No.3 is directed to pass appropriate orders in accordance with law within a period of two months thereafter.
With the aforesaid observations, the writ petition is disposed of.
This Court is not expressing any opinion on merits of the case and the respondent no.3 is at liberty to pass orders independently in accordance with law."
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 six weeks 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 :- 27.8.2019 RKP