Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4554 of 2019 Applicant :- Shyam Sunder Mishra Opposite Party :- Sri. Sanjay Yadav, Joint Director Of Education And Another Counsel for Applicant :- Prabhas Kumar Tiwari
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 24.9.2018 passed in Writ C No.32293 of 2018, the Court directed as under:
"The counsel for the respondent No. 7 has prayed for some time to file a counter affidavit. However, this Court feels that since an enquiry has already been instituted by the District Inspector of Schools in the matter and a report has to be submitted to the Directorate by the District Inspector of Schools, this writ petition need not remain pending before this Court. The District Inspector of Schools shall give opportunity of hearing to the respondent Nos. 6 and 7 and others related with the Management of the Institution concerned and submit a report to the respondent No. 3 with regard to alleged financial irregularities within a period of six weeks. The respondent No. 3 shall pass an appropriate order thereafter within a further period of three weeks."
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 envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.
The opposite parties shall comply with the directions of the writ court and intimate him 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 RKP