Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2566 of 2019 Applicant :- Nidhi Kulshrestha Opposite Party :- Ms. Pooja Pandey, Director (Adminstration) Medical And Health Services Counsel for Applicant :- Yogendra Kumar Srivastava,Anita Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The petitioner is before this Court for a direction to initiate contempt proceeding against the respondents for wilful disobedience of the order dated 14.12.2018 passed in Writ Petition No.26550 of 2018 (Nidhi Kulshrestha v. State of U.P. & Ors.). For ready reference the order dated 04.12.2018 is quoted as under:-
"Heard learned counsel for the petitioner and the learned Standing Counsel for the State respondents.
Learned Standing Counsel appearing for the second respondent states that the claim of the petitioner for grant of compassionate appointment shall be duly attended to and disposed of by the said respondent in accordance with law with expedition and preferably within a period of three months from the date of presentation of a certified copy of this order.
Accordingly and without going into the merits or otherwise of the claim of the petitioner, this petition shall stand disposed of, in light of the statement made recorded and noted above.
It is further provided that in case any benefits are liable to be paid in respect of the deceased government servant and a detailed representation in this respect is made by the petitioner, the same shall also be duly attended to and disposed of within the same time- frame."
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 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 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 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.
Order Date :- 29.4.2019 SP/