Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4187 of 2021 Applicant :- Satya Narain Opposite Party :- Shri Pratap Singh Baghel, Secretary Counsel for Applicant :- Seemant Singh
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 judgement and order dated 21.01.2020 passed in Writ A No.778 of 2020 (Satya, which for ready reference is quoted as under:-
"Heard learned counsel for the parties.
By the impugned order dated 22.11.2019, appointment of the petitioner on the post of Assistant Teacher, has been cancelled on the ground that he obtained employment on the basis of forged and manipulated educational marksheets/ certificates and, therefore, his appointment is void ab initio.
Against the impugned order, the petitioner has a right of appeal under Uttar Pradesh Basic Education Staff Rules, 1973.
Therefore, this writ petition is dismissed on the ground of alternative remedy leaving it open to the petitioner to file an appeal before the appellate authority. In the event, such an appeal is filed by the petitioner before the appellate authority within three weeks from today, it shall be decided by the concerned appellate authority, expeditiously, preferably within next two months, after affording reasonable opportunity of hearing to the petitioner and all concerned, without raising any objection as to limitation. "
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 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 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 :- 30.9.2021 Pramod Tripathi