Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4578 of 2021 Applicant :- Shri Ram Sharma Opposite Party :- Shri M. Devaraj Chairman/ Managing Director, U.P.
Counsel for Applicant :- Abhishek Mishra,Rahul Mishra
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 12.01.2021 passed in Writ A No.232 of 2021 (Shri Ram Sharma Vs. State of U.P. & 4 Others), which for ready reference is quoted as under:-
"Petitioner appears to have already approached the respondent no.2 in respect of his grievance relating to incorrect fixation of pension. Since no decision has been taken so far, petitioner is before this Court.
Sri Shad Khan holding brief of Sri Shishir Prakash has entered appearance on behalf of respondent nos.2, 3 and 5 and states that petitioner's grievance would be got examined by the competent authority in accordance with law, expeditiously.
In the facts and circumstances of the present case, this writ petition stands disposed of with a direction upon the respondent no.3 to accord consideration to petitioner's claim with regard to correct fixation pension, by passing a reasoned order, within a period of three months from the date of presentation of a copy of this order.
The benefits which are found due and payable to the petitioner shall be released thereafter without any further loss of time."
The order dated 12.01.2021 is corrected by the order dated 25.01.2021, which is reproduced below:-
"(Ref:- Civil Misc. Correction Application No. 2 of 2021) Heard learned counsel for the applicant.
Correction application is allowed.
Necessary corrections have been made in the order dated 12.1.2021. Office is directed to issue a fresh copy of the order. "
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 :- 25.10.2021 Swati