Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3239 of 2021 Applicant :- Ramesh Chandra Srivastav Opposite Party :- Rajendra Prasad , Disst Panchayat Raj Officer Counsel for Applicant :- Mohammad Yunus Khan
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for willful disobedience of the orders dated 28.06.2021 passed in Writ Petition No.5158 of 2021 (Ramesh Chandra Srivastav Vs. State of U.P. and others). The aforesaid order is reproduced below:-
"This Court is convened through Video Conferencing.
Sri Suresh Kumar Maurya, learned counsel for the petitioner appearing through Video Conferencing and Sri I.S. Tomar, learned Additional Chief Standing Counsel appearing on behalf of the State.
This writ petition has been filed for the following reliefs:-
"(i). To issue a writ order or direction in the nature of certiorari to quash the suspension order dated 26.8.2020, passed by respondent no.6 District Panchayat Raj Officer, Sant Kabir Nagar.
(ii). To issue a writ order or direction in the nature of mandamus commanding the respondents to reinstate the petitioner on the post of Village Development Officer and to pay salary along with arrears of salary."
Learned counsel for the petitioner submitted that the petitioner was put under suspension by order dated 26.8.2020. Thereafter, even no charge sheet was submitted and this Court vide order dated 11.6.2021 has directed the learned counsel for the State to take instruction in this regard.
Sri I.S. Tomar, learned Additional Chief Standing Counsel for the State has placed instruction dated 26.6.2021, which is taken on record and pointed out that after suspension order much water has flown. The petitioner has not participated in the inquiry proceedings despite repeated notices were sent and thereafter, the Inquiry Officer has submitted an inquiry report dated 14.6.2021, wherein the petitioner was found guilty on all the charges. Subsequently, District Panchayat Raj Officer, Sant Kabir Nagar, the Disciplinary Authority has issued show cause notice to the petitioner seeking explanation but petitioner has refused to accept the same on the ground that the matter is pending before this Court.
Considering the above mentioned factual aspect of the present case, it is apparent that after the petitioner was put under suspension, proceeding of inquiry were conclude and now presently the Inquiry Officer has submitted his inquiry report and Disciplinary Authority has issued show cause notice. However, the petitioner has refused to accept the said notice.
In these circumstances nothing has left to decide in this petition as the inquiry report submitted which is against the petitioner and also Disciplinary Authority has issued show cause notice. This writ petition is without merit therefore, it is liable to be dismissed.
Therefore, prayer mentioned in the writ petition is rejected.
At this stage learned counsel for the petitioner prayed that he will reply to the show cause notice within a period of seven days from today and this Court may please to direct to authorities to decide the same expeditiously.
Learned counsel for the State has no objection to the aforesaid prayer.
Accordingly, this writ petition is disposed of with the direction that in case the petitioner file reply to the show cause notice within a period of seven days from today the authority concerned shall finally decide the same expeditiously, preferably within a period of three weeks thereafter, considering that the petitioner is going to retire a day after.
It is further provide that in case, suspension allowance is not given to the petitioner the same shall be paid within a period of four weeks from today."
It is argued by learned counsel for the applicant that pursuant to the order of the writ court, the applicant submitted reply to the show cause notice on 29.06.2021 and sent the same through courier. It is argued that the aforesaid order was duly served upon the opposite party and he has full knowledge about the aforesaid orders but till the date the aforesaid order was not complied with.
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 one more, 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 three weeks from the date of production of a 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 :- 19.8.2021 saqlain Digitally signed by Justice Prakash Padia Date: 2021.08.19 14:49:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad