Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4588 of 2021 Applicant :- Sharad Kumar Chauhan Opposite Party :- Sri Pratap Singh Baghelsecretary And Another Counsel for Applicant :- Arvind Kumar Yadav,Brijesh Kumar
Hon'ble Prakash Padia,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 03.09.2020 passed in Writ Petition No. 6802 of 2020 ( Sharad Kumar Chauhan Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"Heard Shri Arvind Kumar Yadev, learned counsel for the petitioner, Shri Prem Prakash Yadav, learned counsel for respondent nos. 2 and 3.
Petitioner's contention is that mother of the petitioner Smt. Usha Devi died in harness while in service on 16.11.2011 and thereafter, petitioner had made an application for compassionate appointment. That application has yet not been decided. Though it is over period of nine years. It appears from the application that at present, the age of the petitioner is 39 years and at the time of death of petitioner's mother his age was more than 30 years. In view of such facts, respondent no. 2 is required to look into the eligibility of the petitioner for compassionate appointment.
Taking into consideration, the aspect of immediate financial crisis caused by death of petitioner's mother Smt. Usha Devi and advert to the fact that what was the status of petitioner's father at the time of death of Smt. Usha Devi and whether the family was in harness or there was availability of alternative source of bread and butter because law in this regard is settled that compassionate appointment is not a source of back door entry but it should mitigate undue hardship caused to a family on the death of the bread winner.
In view of such facts, this petition can be disposed of with a direction to the respondent no. 2 to consider the petitioner's grievance, in case petitioner approaches the respondent no. 2 with a copy of writ petition along with copy of the order being passed today within 15 days from today and ventilate the same through a speaking order within further period of two months thereafter.
With above terms, petition is disposed off."
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 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 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 :- 26.10.2021/saqlain