Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5452 of 2019 Applicant :- Ram Naresh Opposite Party :- Doctor Vandana Sharma, The Director , Higher Education Counsel for Applicant :- Pravindra Kumar Dubey,Brajesh Kumar Chaturvedi
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 09.04.2019 passed in Writ Petition No.5425 of 2019 (Ramnaresh v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"The petitioner had retired from the post of Office Superintendent Grade II on 1.7.2017 from Kamla Devi Bajoria Degree College, Dubhar, Ballia. By order dated 14.11.2018, the G.P.F. amount of Rs.3,13,903/- has been duly sanctioned. However, so far the petitioner has not been paid gratuity nor is being given pension.
According to learned counsel for the petitioner, respondents no.4 and 5 have not forwarded the documents to the educational authorities for no rhyme or reason.
Having regard to the nature of the controversy, the instant petition is disposed of with liberty to the petitioner to approach respondent no.2 with a certified copy of this order and a fresh representation and in which event, respondent no.2 shall forthwith call for relevant documents from respondents no.4 and 5 alongwith comments from the third respondent and shall take decision in the matter in accordance with law, preferably within a period of eight weeks."
It is reflected from the record 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 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 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 :- 27.8.2019 SP/