Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2700 of 2021 Applicant :- Sanjeev Singh Rana Opposite Party :- Sri K. Balaji D.M.
Counsel for Applicant :- Santosh Kumar Srivastava,Alka Srivastava
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 04.02.2021 passed in Public Interest Litigation No. 198 of 2021 (), which for ready reference is quoted as under:-
"Grievance raised by the petitioner in this Public Interest Litigation is against the inaction on the part of the Enquiry Committee constituted by the District Magistrate, Meerut under Rule 3 of the U.P. Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997. It is urged that the said committee was constituted on the complaint of the petitioner against the Gram Pradhan, Gram Sabha Mulheda. Accordingly, a direction is sought that the enquiry be expedited and a report be furnished at an early date.
Learned Standing counsel has no objection if a direction is issued for early conclusion of the enquiry.
In view whereof the petition is disposed of with a direction to the District Magistrate, Meerut to ensure early completion of the enquiry by the Committee constituted by him on 9.6.2020, preferably, within a period of three months from the date of communication of this order.
We make it clear that we have not expressed any opinion on the merit of the matter.
Petition stands disposed of finally in above terms."
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 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 two months from the date of production of a copy of this order.
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 along-with 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 :- 28.7.2021 Swati