Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4515 of 2019 Applicant :- Shyam Bihari And Another Opposite Party :- Sanjay Kumar Shukl, District Basic Education Officer And Another Counsel for Applicant :- Ramesh Chandra Dwivedi
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 01.11.2018 passed in Writ Petition No.22237 of 2018 (Shyam Bihari & Anr. v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"It appears that the Finance and Accounts Officer, Basic Shiksha, Etah on 29.5.2018 has referred the matter relating to fixation of petitioner's salary to the District Basic Education Officer, Etah. Grievance is that despite lapse of sufficient time, the competent authority is yet to take a decision, on account of which petitioner's salary has not been correctly fixed.
Learned Counsel appearing on behalf of respondent no. 3 submits that the appropriate decision in the matter be taken by the authority concerned, in accordance with law.
In the facts and circumstances, noticed above, writ petition stands disposed of, permitting the petitioners to approach respondent no. 3, alongwith certified copy of this order, annexing all materials in support of their claim within a period of two weeks from today. The claim of the petitioner shall be considered by the authority concerned, in accordance with law within a further period of three months thereafter by way of a reasoned order."
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 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 :- 25.7.2019 SP/