Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2554 of 2019 Applicant :- P.P. Private I.T.I. Mathura Makhdum Farah And Another Opposite Party :- Vivek,Director Training And Employment And Another Counsel for Applicant :- Prem Narayan Rai,Shariq Shamim
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 24.01.2019 passed in Special Appeal No.98 of 2019 (P.P. Private I.T.I. and another vs. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 24.01.2019 is quoted as under:-
"In view of the aforesaid facts and circumstances, we dispose of the appeal with the direction to the respondents to register the trainees of the institute provisionally on the web portal of the Director, Training and Employment U.P., Lucknow subject to final decision which may be taken by the competent authority with regard to affiliation/withdrawal of the affiliation of the institute."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents 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 30 days 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 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 parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 A. Pandey