Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4810 of 2021 Applicant :- Sandeep Kumar Opposite Party :- Shri Vinay Kumar Pandey, Director Of Education Counsel for Applicant :- Rajesh Pandey,Manoj Kumar Tiwari
Hon'ble Prakash Padia,J.
Heard Sri Manoj Srivastava, 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 26.08.2021 passed in Writ Petition No.10601 of 2021 (Sandeep Kumar Vs. State of U.P. & others). The aforesaid order is quoted as under:-
"Heard learned counsel for the parties.
The petitioner was selected in a recruitment exercise initiated by the respondents. Upon being selected and shortlisted, he was allotted the Lucknow Intermediate College, Lucknow. The District Inspector of Schools, however, by his communication of 18 November 2020 has apprised the Board that since the number of students in that college is extremely low, the petitioner's adjustment and posting in that institution would not be justified. It is in that backdrop that the petitioner has approached this Court for framing a direction to the Director to consider his adjustment in any other institution.
The Court notes that in terms of the provisions made in Rule 13(5) of the U.P. Secondary Education Services Selection Rules, 1998 in case a candidate is unable to join a particular institution, the District Inspector of Schools is required to frame an appropriate report and recommendation for the consideration of the Director.
In view of the aforesaid, the ends of justice would warrant the District Inspector of Schools, Lucknow being directed to address an appropriate communication after due enquiry to the respondent No.3 for passing of further appropriate orders insofar as the posting of the petitioner is concerned. The petitioner is directed to serve a duly authenticated copy of this order upon the District Inspector of Schools, Lucknow who shall endeavour to furnish and transmit the report as per Rule 13(5) of the 1998 Rules within a period of one month therefrom.
Accordingly, the writ petition shall stand 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 three 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