Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2858 of 2021
Applicant :- Rahul Kumar
Opposite Party :- Hemant Rai D.B.E.O.
Counsel for Applicant :- Santosh Kumar Shukla,Rajendra Prasad Tripathi
Hon'ble Prakash Padia,J.
Order on Impleadment Application No.1 of 2021 Impleadment application is allowed.
Learned counsel for the petitioner is permitted to implead Sri Virendra Pratap Singh, District Basic Education Officer, Hardoi as respondent no.2 during the course of the day.
The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 22.1.2021 passed in Writ Petition No.529 of 2021 (Rahul Kumar Vs. State of U.P. and others). The aforesaid order is quoted below:-
"The respondent No.4-District Basic Education Officer, Hardoi shall decide the representation of the petitioner for appointment to the post of Assistant Teacher in light of the Government Order dated 04.12.2020 by a reasoned order within a period of two months from the date of production of a computer generated copy of this order downloaded from the official website of the High Court of Judicature at Allahabad along with a fresh copy of representation.
The computer generated copy of such order shall be self attested by the party concerned. 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.
It is for the competent authority to determine the applicability of the Government Order dated 04.12.2020 to the case of the petitioner.
It is clarified that this Court has not entered into the merits of the case. It is for the competent authority to decide the claim of the petitioner upon independent application of mind and in accordance with law.
With the aforesaid directions, the writ petition is finally disposed of."
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 two months 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 :- 12.8.2021 Bhaskar