Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3130 of 2021 Applicant :- Smt Savitri Devi Opposite Party :- Shri Sheshnath,Managing Director Counsel for Applicant :- Ajay Kumar Gautam
Hon'ble Prakash Padia,J.
The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 16.11.2019 passed in Writ Petition No. - 17923 of 2019 (Smt Savitri Devi Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Heard learned counsel for the petitioner and Sri Shri Kant Shukla learned Advocate has put in appearance on behalf of respondent nos. 2 to 7.
The orders impugned in the present writ petition are passed on the request made by the petitioner for grant of terminal benefits of her husband.
The order impugned records that an amount of Rs. 9 Lakhs and odd is due towards the petitioner's husband and the reason given therein is that certain advances were taken by him towards salary in the year 2016-17, 2017-18 and 2018-19.
The submission of learned counsel for the petitioner is that though there is a description of advances taken by the petitioner's husband, but no detail has been mentioned in the order impugned and hence the petitioner is not in a position to know as to how these advances were found due to be recovered from her husband.
For the aforesaid, without expressing any opinion as to the merits of the contents of the communications dated 25.6.2019 and 8.8.2019, the present writ petition is being disposed of with the directions as follows:-
(1) The petitioner shall make a comprehensive representation alongwith certified copy of this order before respondent no. 3 namely the Managing Director, U.P. State Agro Industrial Corporation Ltd., Lucknow, within a period of three weeks from today.
(2) In case, the petitioner submits such a representation, the respondent no. 3 shall be under obligation to take an expeditious decision addressing all grievances of the petitioner by passing a reasoned and speaking order in accordance with law, preferably, within a period of two months from the date of submission of receipt of the representation."
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 willfully not complied with the order and, thus, have committed civil contempt for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out but from perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the authorities would not function properly despite this, it is expected from the authorities to comply with the order of this Court in its letter and spirit.
In this view of the matter and 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 one month from the date of production of a copy of this order.
Accordingly, the present contempt application is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant 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 :- 13.8.2021 saqlain