Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4312 of 2021 Applicant :- Sewak Ram Bansal Opposite Party :- Shri Prashant Bilgaiyan, Registrar And Another Counsel for Applicant :- Avadh Pratap Singh Shishodia
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 03.02.2021 passed in Writ Petition No. 3307 of 2021 (Sewak Ram Bansal Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Heard Mr. Avadh Pratap Singh Shishodia, learned counsel for petitioner and learned Standing counsel for the State respondent.
Petitioner in the present case has merely prayed for the following reliefs:-
"i. To issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 2 & 3 to ensure compliance of the order dated 09.03.2018 passed by the U.P. State Information Commissioner, Lucknow as early as possible preferably within the time stipulated by this Hon'ble Court;
ii. To issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 2 & 3 to consider and decide the application of the petitioner dated 07.10.2019 as early as possible preferably within the time stipulated by this Hon'ble Court, to secure the ends of justice."
It is submitted by learned counsel for petitioner that by the impugned order dated 09.03.2018, fine in view of Section 20 (1) of Right to Information Act, 2005 to the extent of Rs. 250/-, per day has been imposed to respondent no. 5 ( Shri Rajendra Singh Bhati, Public Information Officer, Principal, Hajari Lal Memorial Intermediate College, Khaila, District Baghpat, U.P.), but the said order has not been implemented till date. It is next submitted that the petitioner approached the respondent authorities but no heed was paid to the grievance of the petitioner.
Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and an appropriate direction may be issued to respondent authorities to consider the grievance of the petitioner.
Considering the facts and circumstances of the case, without going into the merit of the case and with the consent of the parties, the writ petition is disposed of with a direction to respondent no. 2 (Registrar, State Information Commission, Lucknow, U.P.) and respondent no. 3 (District Magistrate, Baghpat) to take appropriate steps for implementing the order dated 09.03.2018 passed by State Information Commissioner, Lucknow, U.P., within a period of six weeks from the date of production of computerized copy of this order.
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 act accordingly without waiting for submission of the certified copy of this order.
The writ petition is disposed of. "
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, 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 four months 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 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 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 :- 25.10.2021 saqlain