Court No. - 36
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1808 of 2021 Applicant :- Sahendra Prasad Opposite Party :- Sri Vinay Chand Pandey And Another Counsel for Applicant :- Shailesh Kumar Shukla,Mata Pher
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant through video conferencing.
By order dated 28.1.2021 passed in writ A No.36851 of 2015 filed by the applicant, the Court directed as under:
"From the facts that have been placed on record it is admitted that petitioner was enrolled as a student in B.Sc. course offered by the Gorakhpur University and he was issued valid enrollment number UU4277. It is also admitted that he passed B.Sc. first year. In such circumstance, merely because certain pages from the original records have gone missing it cannot be said that petitioner's second year mark sheet is fabricated or forged. This Court is of the view that such issues would not justify denial of salary to petitioner, who has otherwise been working for the last 37 years and has also been receiving salary without any complaint. It is on account of some private dispute that the entire controversy has been raised and the petitioner is compelled to run from pillar to post. While it would be open for the University to conduct an enquiry and for the police authorities to carry out requisite investigation and to proceed against the guilty persons in accordance with law, it would not be just to hold the petitioner responsible for all this at this juncture itself. Denial of salary to petitioner, in such circumstances, would wholly be unjust and unwarranted.
Writ petition, accordingly, succeeds and is allowed. Order dated 27.03.2015, passed by the District Inspector of Schools, Deoria, withholding petitioner's salary stands quashed. Petitioner shall be allowed to continue and shall be paid salary. His continuance, however, shall remain subject to final conclusion of the criminal investigation or appropriate enquiry by the University in which appropriate orders may be passed after affording opportunity to the petitioner.
Original records produced are hereby returned."
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 two months from the date of production of a 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners 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 :- 21.5.2021 RKP