Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4811 of 2021 Applicant :- Ranjit Kumar Opposite Party :- Sanjay Singh Counsel for Applicant :- Ved Prakash
Hon'ble Prakash Padia,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 10.02.2021 passed in Writ Petition No. 2169 of 2021 (Narayan Shree Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"Heard Sri Awadh Narain Rai for the petitioner, learned Standing Counsel and Sri Sanjay Kumar Srivastava for respondents.
By means of present petition, the petitioner is seeking mandamus directing respondent no. 3 to consider the petitioner as regular class IV employee and grant consequential benefits accordingly.
Learned counsel for the petitioner submits that the petitioner was appointed under Dying in Harness Rules but she has not made permanent. He relied upon the judgement of this Court dated 10.8.2011 in Writ A No. 12190 of 2005 (Smt. Pushpa Devi Vs. State of UP) in which this Court held that appointment made under the Dying in Harness Rules is to be treated as a permanent appointment and not a temporary. For redressal of her grievance, the petitioner made representation on 20.11.2020, which is pending.
He further prays that the representation of the petitioner be decided within stipulated time.
Learned counsel for the respondents has no objection to the last submission.
No useful purpose would be served by keeping this petition pending in view of the order, which the Court proposes to pass hereunder.
The writ petition is disposed of with the direction to the competent authority concerned to decide the representation of the petitioner dated 20.11.2020, or a fresh representation, as the case may be, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of this order, provided there is no legal impediment."
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 four 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 :- 28.10.2021 saqlain