Court No. - 30
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4967 of 2018 Applicant :- Sanjeev Kumar Opposite Party :- Akhilesh Kumar Singh, Regional Manager Counsel for Applicant :- Sudhanshu Singh,Ajay Kumar Srivastava
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the applicant.
The present contempt application has been filed for punishing the Opposite Party for willful disobedience of the judgment and order dated 27.2.2018 passed by this Court in Writ-A No.6884 of 2018 (Sanjeev Kumar. State of U.P. and others), wherein this Court has observed as under:-
"The writ petition is disposed of directing Regional Manager (respondent- 3) to get the petitioner medically examined again and pass an appropriate order on the representation of the petitioner, in accordance with the Circular of the Department, within two months from the date of producing a certified copy of this order before him. If respondent-3 approaches the Medical Board, then Medical Board shall fix a date for examination of the petitioner and the petitioner shall be communicated about the date fixed by Medical Board."
Submission of the learned counsel for the petitioner is that pursuant to the above quoted direction of this Court the petitioner was called for medical examination on 26.3.2018 at 10 A.M. Drawing attention to Annexure 4 to the affidavit, it is submitted that he had appeared in the medical examination, but till date he has not communicated the result of his medical examination and his representation has not been disposed of finally pursuant to the above noted direction.
It is stated that in spite of service upon the opposite party, no order has yet been passed.
Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 27.2.2018 passed in the aforesaid writ petition.
However, no notice is issued to the opposite party at this stage. The opposite party no. 1 is granted two months further time to comply with the judgment and order dated 27.2.2018 passed by this Court in Writ-A No.6884 of 2018 from the date of receipt of certified copy of this order.
In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again.
With the aforesaid observations, this application is finally disposed of at this stage.
Order Date :- 25.9.2018 AKJ