Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6355 of 2019 Applicant :- Rehana Yasmin Khan Opposite Party :- Sri Subhash Chandra Baghel, Deputy Inspector Of General Of Police Counsel for Applicant :- Deshraj Singh,Dushyant Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The order dated 11.4.2019 passed by the Writ Court has been corrected on 2.5.2019. By said order dated 11.4.2019 passed in Writ A No. 5426 of 2019 filed by the applicant, the Court directed as under:
"Heard learned counsel for the parties.
Petitioner is working as Sub Inspector with civil police since 05 December 2015. The grievance of the petitioner is that after marriage her address in the service book is not being altered despite approaching the authority.
By the instant writ petition, petitioner seeks the following relief:
"(i) Issue a writ order or direction in the nature of mandamus directing the respondents to change the address of the petitioner in the service book of the petitioner, the present address of her husband i.e. house No. HIG 269 K Sector Ayodhya Nagar Bhopal (M.P.) in place of the old address of the residence of her father, as the petitioner has married after joining of her service on the post of Sub Inspector in U.P. Police.".
Learned Standing Counsel submits that the second respondent shall consider the grievance of the petitioner.
In regard thereto, without entering into the merit of the case, as well as, rival contentions raised by the respective parties, on consent, it is provided that the second respondent, Deputy Inspector General of Police, Jhansi Region, Jhansi, shall consider and decide the grievance of the petitioner, by a reasoned and speaking order, expeditiously, preferably, within six weeks from the date of filing of certified copy of this order along with the copy of the writ petition.
With the aforementioned observations/directions, 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 party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the Court within four months 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 party 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
Order Date :- 27.9.2019 Jaswant