Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4657 of 2021 Applicant :- Rajendra Prasad Mishra Opposite Party :- Shripati Mishra, S.P.
Counsel for Applicant :- Suneel Kumar Mishra,Dinesh Kumar Rawat,Ramesh Yadav
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 22.03.2021 passed in Writ A No. 4396 of 2021, which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner and Sri Sanjay Kumar Singh, learned Addl. Chief Standing Counsel for the State-respondent.
In pith and substance, the petitioner is before this Court with a request commanding the second respondent to consider and decide the representation dated 19.02.2021 regarding fixation of pension after giving benefit of 7th Pay Commission within stipulated period.
Learned Standing Counsel very fairly states that in case aforementioned representation is pending for consideration, the same will be considered and decided expeditiously by the second respondent.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is disposed of finally with the direction to the second respondent, Superintendent of Police, District Deoria to consider and decide the aforementioned representation, strictly in accordance with law, as expeditiously as possible and preferably within six weeks from the date of production of certified copy of this order before him. "
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the Court within four weeks from the date of production of a copy of this order.
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 party 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 along-with 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 :- 25.10.2021 Swati