Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6313 of 2019 Applicant :- Satya Prakash Pradhan Opposite Party :- Sripati Mishra, Superintendent Of Police Counsel for Applicant :- Vindhya Vashini Prasad Rai
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 1.2.2019 passed in Writ A No.23879 of 2012 filed by the applicant, the Court directed as under:
"Despite repeated opportunity granted, the State has not filed any affidavit specifically rebutting the contention made in paragraph 21 of the writ petition. The plea of discrimination, therefore, is substantiated on record. Even otherwise, law is settled that dispensation of enquiry can be resorted to only when the authority is satisfied that holding of enquiry is impermissible for reasons to be recorded in that regard. No such reason otherwise existed on record.
In that view of the matter, this petition succeeds. The writ petition is allowed.
The order impugned dated 28.10.2009 passed by the Superintendent of Police, Deoria, the order dated 29.1.2010 passed by Inspector General of Police, Gorakhpur Range, Gorakhpur as well as order dated 6.7.2011 passed by Additional Director General of Police, Railway,U.P., Lucknow, are hereby quashed.
Petitioner shall be reinstated in service. It shall, however, be open for the authorities to conduct an appropriate disciplinary enquiry against the petitioner in accordance with law. In case such an enquiry is conducted, the same shall be concluded within a period of four months.
The payment of back-wages to the petitioner would remain subject to the outcome of such an enquiry, in case the authorities decide to hold it, or in the alternative, petitioner would be entitled to arrears also."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the Court within three weeks from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
Order Date :- 26.9.2019 RKP