Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4037 of 2021 Applicant :- Ramakant Singh And 5 Others Opposite Party :- Smt. S. Radha Chauhan, The Principal Secretary Finance, U.P. At Lucknow Counsel for Applicant :- Amrendra Pratap Singh,Vijay Kumar Singh
Hon'ble Prakash Padia,J.
The applicants have preferred the present contempt application for non- compliance and willful disobedience of the judgement and order dated 09.03.2021 passed in Writ Petition No. - 4204 of 2020 (Ramakant Singh And Others Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Petitioners are before this Court with a request commanding the respondents to implement the A.C.P. benefits from 1.1.2006 when the sixth pay commission was implemented and also to provide arrear of salary.
Learned Standing Counsel very fairly that in case an appropriate application/representation is moved by the petitioners before the competent authority, definitely, the same would be considered and decided expeditiously.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally asking the petitioners to move a fresh representation before the competent authority ventilating their grievance within two weeks from today and in case any such representation is being preferred definitely the same would be looked into, examined and remedied within three months thereafter.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. "
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully not complied with the order and, thus, have committed civil contempt for punishment under Section 12 of the Contempt of Courts Act, 1971. Prima facie a case of contempt has been made out but from perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the authorities would not function properly despite this, it is expected from the authorities to comply with the order of this Court in its letter and spirit.
In this view of the matter, 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 two months from the date of production of a certified copy of this order.
Accordingly, the present contempt application is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith 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 :- 24.9.2021 saqlain