Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4529 of 2019 Applicant :- Ram Lakhan Opposite Party :- Sri. Shesh Mani Pandey, D.M.
Counsel for Applicant :- Prabhakar Chandel 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 opposite parties for wilful disobedience of the order dated 03.04.2019 passed in Writ Petition No.34999 of 2018 (Kusama Devi v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State respondents.
Present petition has been filed for quashing the order dated 18.9.2018 passed by the respondent no. 2.
By the impugned order dated 18.9.2018 in exercise of powers under Section 95(1)(g) of the U.P. Panchayat Act financial and administrative powers of the petitioner have been ceased.
Main ground of challenge in the present petition is that the Inquiry Officer was not appointed as per Rule 2-C of the U.P. Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997 and the Upaukta (Manrega) is not a district level officer and thus, the inquiry report submitted by him cannot be taken into consideration for the purpose of passing the impugned order.
Sri R.D. Mishra, learned Standing Counsel was directed to seek instructions in the matter. He states that he has instructions from the District Magistrate to the effect that Upayukta (Manrega) is a district level officer.
I have considered the rival submissions and have perused the record.
There is no doubt that Assistant Engineer, Gram Vikas Adhikari was also associated with the inquiry, however, it is not in dispute that the report was submitted by the Upayukta (Manrega) with technical assistance of Assistant Engineer, Gram Vikas Adhikari.
On perusal of record I find that a district level officer was appointed as Inquiry Officer and he has submitted his inquiry report dated 21.4.2018. The petitioner was admittedly given a show cause notice to which he was submitted his reply dated 7.7.2018. A bare glance over the impugned order reflects that each and every explanation given by the petitioner has been considered and prima facie satisfaction has been recorded.
In such view of the matter, I do not find any good ground to interfere in the order impugned herein. The order was passed on 18.9.2018 with a direction to decide the inquiry within six months. It is, therefore, provided that in case the same has not been concluded, the same shall be concluded within a period of one month from the date of production of a certified copy of this order before him.
With the aforesaid observation, present petition stands dismissed."
Learned counsel for the applicant submits that 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 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 stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant 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 :- 25.7.2019 SP/