Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5486 of 2019 Applicant :- Rajendra Ram Opposite Party :- Sri. Manish Jha, Executive Engineer Purvanchal Vidyut Vitaran Nigam Khand (Ii) Counsel for Applicant :- Ajeet Kumar Pathak
Hon'ble Mahesh Chandra Tripathi,J.
By order dated 12.10.2018 passed in Writ A No.22500 of 2018 filed by the applicant, the Court directed as under:
"The matter is remanded back to the respondent no.4. A writ of mandamus is issued to the respondent No.4 commanding the authority to decide the claim of the petitioner for interest on delayed payment of his pensionary benefits and other retiral dues. The representation shall be decided by a reasoned and a speaking order within a period of four months from the date of receipt of a certified copy of this order along with a fresh copy of the representation.
The Court has not gone into the veracity of the assertions in the writ petition nor has the claim of the petitioner been judged on merits. It is for the competent authority to do so after independent application of mind.
With the aforesaid direction the writ petition is disposed of."
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 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 parties shall comply with the directions of the writ court and intimate him 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 :- 27.8.2019 RKP