Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3732 of 2019 Applicant :- Sachidanand Pathak Opposite Party :- Smt. Rubi Singh, Seretary Basic Education Board Counsel for Applicant :- Avanish Ranjan Srivastava
Hon'ble Mahesh Chandra Tripathi,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 21.01.2019 passed in Writ-A No.810 of 2019 (Sachidanand Pathak v. State of U.P. & Ors.). For ready reference the operative portion of the order dated 21.01.2019 is quoted as under:-
" In the facts and circumstances of the case, it is provided that in case petitioner makes a representation before the Secretary, U.P. Basic Education Board, Allahabad/Respondent no. 3 along with certified copy of this order within two weeks from today, the third respondent is directed to take appropriate decision in the matter relating to the petitioner and communicate the same to the petitioner within a further period of two months from the date of production of certified copy of this order strictly in accordance with law.
It is made clear that this Court has not adjudicate the claim of the petitioner on merits and it is for the concerned authority to take a decision independently, in accordance with law.
With the aforesaid observation/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 parties but the opposite parties have wilfully 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 certified 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 one week 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.
Order Date :- 31.5.2019 SP/