Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3724 of 2019 Applicant :- Poonam Opposite Party :- Sri Satyendra Kumar, District Basic Eduction Officer Counsel for Applicant :- Suresh Chandra Mishra
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 opposite parties for wilful disobedience of the order dated 20.12.2018 passed in Writ-A No.25982 of 2018 (Smt. Poonam v. State of U.P. & Ors.). For ready reference the order dated 20.12.2018 is quoted as under:-
"It appears that despite the order passed in favour of the petitioner on 16.3.2018, the consequential benefits are not being extended to the petitioner.
The petitioner submits that relevant bills have been submitted before the Manager but a contrary view has been taken by the manager before the authorities.
The issue in that regard is required to be resolved by the District Basic Education Officer.
In view of the above, the writ petition is disposed of with a direction upon the respondent no. 3 to afford an opportunity to the petitioner as also respondent no. 4 and take appropriate decision in the matter relating to grant of mandatory benefits to the petitioner by passing a reasoned order keeping in view the order passed by the District Basic Education Officer dated 16.3.2018. The required exercise shall be undertaken at the level of District Basic Education Officer within three months."
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 :- 31.5.2019 SP/