Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4841 of 2021 Applicant :- Sajid Ali Opposite Party :- Shri Gowa Lal And Another Counsel for Applicant :- Lavlesh Kumar Shukla
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 05.07.2021 passed in Writ Petition No.5415 of 2021 (Sajid Ali Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"The case is taken up through Video Conferencing.
Heard learned counsel for petitioner and learned standing counsel for State.
Present writ petition is filed by the petitioner claiming that he retired on 31.12.2019 from the post of Tube Well Operator, however, till date he has not been paid his entire retiral dues. Learned counsel for petitioner submits that grievance of petitioner would be sufficiently met in case representation of petitioner for the said purposes is considered and decided in a time bound manner.
Learned standing counsel has no objection to the same.
In view thereof, petitioner is permitted to make a fresh detailed representation to respondent no.4 The Executive Officer, Nagar Palika Parishad, Bhadohi, raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of his claim within a period of three weeks from today along with a computer generated/certified copy of this order.
In case such a representation is moved by petitioner, respondent no.4 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of three months from the date a computer generated/certified copy of this order along with representation is placed before him.
It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law.
With the aforesaid directions, the writ petition is disposed of."
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 :- 29.10.2021/saqlain