Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4817 of 2021 Applicant :- Ram Awadh Prasad Opposite Party :- Sri Vimlesh Kumar Counsel for Applicant :- Anil Kumar
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 20.07.2021 passed in Writ A No. 7848 of 2021 (Ram Awadh Prasad Vs. State of U.P. and 3 Others), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner and learned Standing Counsel. Shri P.D. Tripathi has accepted notice on behalf of respondent nos.3 and 4.
Present writ petition has been preferred for a direction to respondent no.4- District Basic Education Officer, Kushi Nagar to pay entire terminal dues, arrears of salary as well as monthly pension with interest to the petitioner forthwith.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of with observation that in case the petitioner makes fresh representation to the authority concerned ventilating his grievance within two weeks, the authority would decide the same in accordance with law in further two months.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner 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. "
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 six 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 :- 28.10.2021 Swati