Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5302 of 2019 Applicant :- Shailesh Kumar Singh Opposite Party :- Rajendra Pratap, Zila Basic Shiksha Adhikari Counsel for Applicant :- Ashok 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 10.08.2018 passed in Special Appeal Defective No.517 of 2018 (Shailesh Kumar Singh v. State of U.P. & Ors.), the operative portion of which for ready reference is quoted as under:-
" In view of whatever stated above, we are satisfied that by the order of Supreme Court whatever right accrued to Sri Nahar Singh also accrues to the present appellant and to enforce that it would be appropriate to invoke power under Article 226 of the Constitution of India.
Accordingly, this appeal deserves acceptance, hence is allowed. The order passed by learned Single Bench is set aside only to the extent of denial of the relief prayed by the appellant-petitioner. The respondents are directed to treat the appellant-petitioner at par with Sri Nahar Singh in favour of whom the Apex Court passed the order on 14th July, 2017 in Civil Appeal No. 3904 of 2013."
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 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 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 :- 22.8.2019 SP/