Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2563 of 2019 Applicant :- Shribhagwan Rai Opposite Party :- Bhawani Singh Khangarot, District Caste Scrutiny Committee, And 4 Others Counsel for Applicant :- Sudhakar Pandey Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
The petitioner is before this Court for a direction to initiate contempt proceeding against the respondents for wilful disobedience of the order dated 08.10.2018 passed in Writ Petition No.33838 of 2018 (Shribhagwan Rai v. State of U.P. & Ors.). For ready reference the order dated 08.10.2018 is quoted as under:-
"The petitioner has alleged in the writ petition that respondents no. 8 to 16 have obtained their caste certificates on the basis of incorrect information. It is stated that the said respondents are OBC and not SC/ST.
The learned counsel for the petitioner has relied upon a Division Bench Judgment of this Court in Akchchay Lal Vs. State of U.P. and others (Special Appeal No. 18 of 2003) wherein certain directions were made to make enquiry of the scrutiny committee.
We have heard learned counsel for the petitioner and learned Standing Counsel.
Having regard to the seriousness of the allegation of fraud and misrepresentation against the private respondents, we find that ends of justice require that an enquiry be conducted after furnishing opportunity to the respondents no. 5 to 17, in accordance with law.
Accordingly, the writ petition is disposed of with the liberty to the petitioner to make a fresh representation before the appropriate authority for redressal of his grievance within two weeks. In the event any such application is moved, the authority concerned shall pass the order after furnishing opportunity to the said respondents expeditiously, preferably, within four months."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties on 22.10.2018 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 :- 29.4.2019 SP/