Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3144 of 2021 Applicant :- Nidhi Bansal Opposite Party :- Ms Anamika Singh,,Presently Counsel for Applicant :- Jai Prakash Narain Shukla,Pranjal Shukla
Hon'ble Prakash Padia,J.
Learned counsel for the applicant is permitted to make necessary correction during the course of day.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and order dated 18.03.2021 passed in Writ Petition No.3985 of 2021 (Nidhi Bansal Vs. State of U.P. and others). The aforesaid order is quoted below:-
"1. Solitary grievance of the petitioner appears to be that she had applied for inter district transfer by filing an application through online mode (Annexure no.3 to the writ petition) on 23.1.2020 and though the petitioner is fully eligible for her transfer from District - Hardoi to District - Hapur or Ghaziabad, wherever appropriate vacancy/post may be available, her application had been needlessly kept pending for more than an year. Any further delay in deciding the petitioner's application may only prejudice her claim as the vacancies may be filled up by then.
2. In view of the fact that the primary decision on the transfer application is to be taken by respondent no.2 and that decision has yet not been taken, no useful purpose would be served in keeping the present pending or calling for counter affidavit, at this stage. The present petition is disposed of with a direction upon respondent no.2 to consider the aforesaid application of the petitioner, as expeditiously as possible, strictly in accordance with law, preferably within a period of two months from the date of production of a copy of this order. It is made clear that the Court has not gone into the merits of the case."
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 and 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 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 :- 13.8.2021 saqlain