Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5534 of 2019 Applicant :- Om Prakash Rai Opposite Party :- Vivek Kaushal, Assistant Commissioner And Assistant Registrar And Another Counsel for Applicant :- Ashok Kumar Lal
Hon'ble Mahesh Chandra Tripathi,J.
By order dated 12.7.2019 passed in Writ A No. 9267 of 2019 filed by the applicants, this Court directed as under:
"Following the decision of the Division Bench in Meera Tiwari vs. Chief Medical Officer and others, in Hira Shankar Misra vs. State of U.P. and others and the learned Single Judge in Rajiv Yadav vs. State of U.P. and 4 other, (supra), this Court finds that the petitioner has made out a case for quashing of the suspension order. Resultantly, the suspension order dated 30.11.2018 passed by the respondent nos.2 and 3 being the Committee of Management of the Bank and Chairman thereof is set aside. The petitioner is hereby being reinstated to the post of Secretary in the Urban Cooperative Bank Ltd, Maunath Bhanjan, Mau with immediate effect. On the presentation of the copy of this order, respondent nos.3 and 4 shall be under obligation to allow the petitioner to join the post of Secretary and they will not interfere in his working in any other manner.
It goes without saying that it will always be open for the Committee of Management of the Bank to take fresh action in accordance with law.
With the above observations and directions, the writ petition is allowed. "
It appears from the record 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 writ Court within three 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 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 record thereof.
The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self- addressed envelope 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 :- 29.8.2019 A.K.Srivastava