Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4751 of 2021 Applicant :- Ramji Yadav And 2 Others Opposite Party :- Sri Lalta Prasad Sonkar Counsel for Applicant :- Bhanu Pratap Singh,Rajendra Pratap Singh
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicants.
The applicants are before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 13.7.2021 passed in Writ Petition No. 7013 of 2021 (Ramji Yadav And Others Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"Heard learned counsel for the petitioners and learned Standing Counsel. Shri Ramakant Singh has accepted notice on behalf of respondent nos.3 to 5.
Present writ petition has been preferred for a direction to the respondent authorities to pay post retiral dues/gratuity to the petitioners, which have not been paid by the respondent-Chini Mill so far, although petitioners have already retired in the year 2020 and for a further direction to the respondents to consider and decide applications dated 2.9.2020 and 1.6.2021 within stipulated period.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of with observation that in case the petitioners make fresh representation to respondent no.3 ventilating their grievance within two weeks, the authority would decide the same in accordance with law in further two months.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner 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."
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 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 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 two weeks 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.
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 :- 27.10.2021 saqlain