Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 26.07.2019 passed in Writ-A No.11444 of 2019 (Smt. Babuni Devi v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 26.07.2019 is quoted as under:-
"Looking to the claim of the petitioner, without expressing any opinion as to the merits of claim of the petitioner, the present petition is being disposed of with the direction to the respondent no.3 namely Executive Engineer, Purvanchal Vidhyut Vitran Nigam Ltd, Electricity Distribution Division Vth Azamgarh, District Azamgarh to decide the claim of compassionate appointment of the petitioner after giving due opportunity of hearing to the respondent no.4 who has not acceded to the request of the petitioner. Due notice shall be given to the respondent no.4 to submit her stand before respondent no.3.
A reasoned and speaking order in accordance with law shall be passed by the respondent no.3, preferably, within a period of six weeks from the date of submission of certified copy of this order."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents 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 four 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 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 recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 :- 27.9.2019 A. Pandey