Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3611 of 2019 Applicant :- Ram Badan Rai Opposite Party :- Rekha Deepakar, Deputy Director Of Education ( Secondary) Counsel for Applicant :- Jitendra Prasad 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 19.12.2018 passed in Writ-A No.27171 of 2018 (Ram Badan Rai v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 19.12.2018 is quoted as under:-
"In the facts and circumstances, noticed above, the order impugned cannot be sustained, in view of the law laid down by this Court in Smt. Mithlesh Kumari (supra). Order dated 7.4.2018 passed by the Deputy Director of Education, Gorakhpur Region, Gorakhpur is, accordingly, quashed. The authority concerned is directed to take a fresh decision, keeping in view the law laid down in Smt. Mithlesh Kumari (supra), as per which the period of 10 years satisfactory services cannot be restricted only to the period of working after regularization, and such working before regularization would also be considered for grant of selection grade. The required decision would be taken, within a period of three months from the date of presentation of certified copy of this order."
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 two months 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 :- 29.5.2019 A. Pandey