Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2580 of 2019 Applicant :- Rajendra Sharma Opposite Party :- Raj Kumar Viswakarma, Chairman, U.P. Police Recruitment And Promotion Board And 2 Others Counsel for Applicant :- Anil Kumar 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 03.12.2018 passed in Writ-A No.25376 of 2018 (Rajendra Sharma v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 03.12.2018 is quoted as under:-
"Learned counsel for the petitioner contends that even if this provision was treated to be correct, then also the adverse entry, passed in 2012, cannot be viewed as an impediment.
Faced with this situation, learned standing counsel submits that subject to all contentions, on merits, being left open, the 3rd respondent shall duly evaluate the claim of the petitioner for promotion and dispose it of, in accordance with law, and preferably, within a period of three months from the date of presentation of a certified copy of this order.
Accordingly and without going into the merits of the claim of the petitioners, this petition shall stand disposed of in light of the statement, noted above."
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 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 one month 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 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 :- 30.4.2019 A. Pandey