Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5430 of 2019 Applicant :- Rama Shankar Opposite Party :- Adittya Pandey, Executive Engineer, Electricity Distribution Division-Ii Counsel for Applicant :- Subhash Gosain 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 05.04.2019 passed in Writ-A No.5191 of 2019 (Rama Shankar v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard Sri Subhash Gosain, learned counsel for the petitioner, Sri Ashutosh Vaish, learned counsel for respondent Nos. 4 to 8 and Sri Abhishek Srivastava, learned counsel for respondent Nos. 1 to 3.
The grievance of the petitioner is that he attained the age of superannuation on 31.1.2019. He has not been paid his retiral dues as well as the pension by the respondent Power Corporation.
In view of above the petitioner is directed to move a representation within 15 days from today along with a certified copy of this order before respondent No.8, who shall decide the same in accordance with law by a reasoned and speaking order preferably within a period of three months from the date of production of a certified copy of this order.
The writ petition stands disposed of."
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 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 :- 26.8.2019 SP/