Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3579 of 2019 Applicant :- Savinay Pandey And Another Opposite Party :- Yogendra Nath Singh, Joint Director Education And 2 Others Counsel for Applicant :- Amit Kumar Singh Hon'ble Mahesh Chandra Tripathi,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 order dated 23.01.2019 passed in Writ Petition No.55191 of 2010 (Savinay Pandey & Anr. v. State of U.P. & Ors.). For ready reference the operative portion of the order dated 23.01.2019 is quoted as under:-
"............15. In the facts and circumstances of the case, respondent no. 2 viz. Joint Director of Education, Gorakhpur Region, Gorakhpur is directed to look into the entire controversy and to pass appropriate order in the matter in the light of the observations made in this judgment. The aforesaid exercise is to be completed within a period of three months from the date of production of a certified copy of this order.
16. With the aforesaid observations, the writ petition is disposed of."
Learned counsel for the applicant submits that a certified 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 certified 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 one week 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.
Order Date :- 29.5.2019 SP/