Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6299 of 2019 Applicant :- Raghuveer Singh Yadav Opposite Party :- Ram Sajeevan Verma, Assistant Commissioner And Assistant Registrar And 3 Others Counsel for Applicant :- Yatindra,Bhupendra Singh
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 06.01.2016 passed in Writ-A No.49 of 2016 (Raghuveer Singh Yadav v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 06.01.2016 is quoted as under:-
"Considering the above, the writ petition stands disposed of requiring the respondents to examine the grievance of petitioner, in accordance with law, by means of a reasoned speaking order, within a period of two months from the date of presentation of a certified copy of this order alongwith his representation. In case, it is found that any of the retiral dues have not been paid so far, the respondents shall also award interest at the rate of 8% per annum, from the date such amount became due till the actual payment is released to the petitioner. All consequential action shall be taken without any further loss of time."
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, even the letter was sent by Secretary of the Cooperative Union to the Assistant Commissioner/Assistant Registrar, Cooperative, Kannauj for extending the benefit of leave encashment but till now in spite of best efforts the said payment has not been ensured resulting in 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 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 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 stamped 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 :- 26.9.2019 A. Pandey