Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 715 of 2021 Applicant :- Parvez Alam Opposite Party :- Virendra Singh District Basik Education Officer Counsel for Applicant :- Brajesh Shukla
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 13.07.2018 passed in Writ Petition No.14010 of 2002 (Parvez Alam Vs. U.P. Basic Shiksha Parishad Alld. & Others). The aforesaid order is quoted as under:-
"1. Heard Sri Shamim Ahmad, Advocate holding brief of Sri M.H. Qadeer, learned counsel for petitioner and Sri P.D. Tripathi, Advocate for respondents.
2. Petitioner was given appointment on compassionate basis vide order dated 24.11.2001 and the same has been cancelled by impugned order dated 22.12.2001 on the ground that transfer certificate issued by Junior High School, Garwara Milak (Khanpur Chand), Block Sambhal filed by petitioner has been reported to be forged and fictitious by District Basic Education Officer, J.P. Nagar (hereinafter referred to as "DBEO") vide order dated 12.12.2001.
3. It is contended that impugned order of cancellation of appointment has been passed without any show cause notice and in utter violation of principle of natural justice, therefore, the same cannot sustain.
4. Sri P.D. Tripathi, learned counsel appearing for respondents referring to counter affidavit stated that transfer certificate has been found forged and fictitious but could not dispute that impugned order has been passed without giving show cause notice and without affording opportunity to petitioner.
5. Since petitioner was already appointed and working on the post of Peon, no order adverse to his interest ought to have been passed without giving any opportunity in view of law laid down by Supreme Court in Shridhar vs. Nagar Palika, Jaunpur and others, AIR 1990 SC 307 wherein the Court said:
"It is an elementary principle of natural justice that no person should be condemned without hearing. The order of appointment conferred a vested right in the appellant to hold the post of Tax Inspector, that right could not be taken away without affording opportunity of hearing to him. Any order passed in violation of principles of natural justice is rendered void. There is no dispute that the Commissioner's Order had been passed without affording any opportunity of hearing to the appellant therefore the order was illegal and void."
6. Again in Shrawan Kumar Jha and others Vs. State of Bihar and others, AIR 1991 SC 309 Court said:
"In the facts and circumstances of this case, we are of the view that the appellants should have been given an opportunity of hearing before cancelling their appointments. Admittedly, no such opportunity was afforded to them. It is well settled that no order to the detriment of the appellants could be passed without complying with the rules of natural justice."
7. In view thereof, writ petition is allowed. Impugned orders dated 03.12.2001 and 22.12.2001 are hereby set aside. DBEO is permitted to pass a fresh order in accordance with law. Consequential benefit admissible to petitioner, if any, will be determined by DBEO in the light of final order which he will pass after giving opportunity to petitioner."
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 till date 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/present District Basic Education Officer to comply with the aforesaid order of the Court within three months from the date of production of a 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 two weeks 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.
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.
In case, this order is not complied with within stipulated period, the applicant has liberty to file fresh contempt application.
Order Date :- 30.9.2021 saqlain