Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3233 of 2021 Applicant :- Puneet Kumar Malviya Opposite Party :- Shri Ashok Kumar Singh, Secretary/Chief Executive Officer, Counsel for Applicant :- J.P. Pandey
Hon'ble Prakash Padia,J.
The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 25.01.2021 passed in Writ Petition No. - 841 of 2021 (Puneet Kumar Malviya Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Petitioner appears to have been placed under suspension. The primary charge for the suspension is petitioner's implication in a criminal case. It is stated that the suspension is continuing for more than two and half years.
Learned counsel for the petitioner states that where suspension continues beyond the specified period, the respondents are enjoined to allow 75% of the amount of salary towards subsistence allowance. Submission is that such claim has been raised before the competent authority but the authority concerned has not taken a decision, as yet .
Sri Satyam Singh, learned counsel for the respondent states that appropriate decision would be taken expeditiously.
In the facts of this case, this writ petition is disposed of with a direction upon third respondent to accord consideration to petitioner's claim and an appropriate order would be passed keeping in view Regulation 85 of the U.P. Co-operative Societies Employees Service Regulations, 1975 as per law, within a period of three months from the date of presentation of copy of this order.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order. "
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 and, thus, have committed civil contempt for punishment under Section 12 of the Contempt of Courts Act, 1971. Prima facie a case of contempt has been made out but from perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the authorities would not function properly despite this, it is expected from the authorities to comply with the order of this Court in its letter and spirit.
In this view of the matter, 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 Court within thirty days from the date of production of a copy of this order.
Accordingly, the present contempt application is disposed of.
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.
Order Date :- 19.8.2021 saqlain Digitally signed by Justice Prakash Padia Date: 2021.08.19 14:49:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad