Heard learned counsel for the applicant.
Applicant alleges non-compliance of order of writ Court dated 30.09.2013 passed in Writ Petition No. 1072 (S/S) of 2013 (Smt. Kiran Vs. District Programme Officer Raebareli and another), whereby the writ Court, while setting aside the order dated 21.06.2012, remanded the matter back to the District Programme Officer, Raebareli to decide afresh for giving an opportunity of hearing to the petitioner/applicant in accordance with law. It was further provided that the said exercise will be done by the authority concerned expeditiously, say, within a period of three months from the date of receipt of certified copy of order.
Submission of learned counsel for the applicant is that copy of the order of writ Court was sent through registered post on 11.10.2013. It is also submitted that the opposite party vide letter dated 19.12.2013 asked the S.D.M. to verify the income certificate issued to the applicant's husband and in pursuance of the same, S.D.M. Maharajganj after seeking report from Lekhpal, Naib Tehsildar and Tehsildar verified the income certificate of the applicant's husband. It is also submitted that now after six months, the opposite party has refused to pass any order on the ground of pendency of another writ petition, in which neither the applicant is party nor her selection has been challenged. In this background, submission of learned counsel for the applicant is that order passed by opposite party dated 23.04.2014 is a willful disobedience of the order of writ Court dated 30.09.2013. Therefore, the applicant is constrained to approach this Court by means of present Contempt Petition for initiating proceedings against the opposite party under the provisions of Contempt of Court Act for willful disobedience of order dated 30.09.2013 of the writ Court.
On due consideration, prima facie, a case of willful disobedience of the order of writ Court is made out.
Let notice be issued to opposite party to appear before this Court on 13.08.2014 to show cause as to why proceedings be not initiated against him under the provisions of Contempt of Court Act for willful disobedience of order of the writ Court dated 30.09.2013 passed in Writ Petition No. 1072 (S/S) of 2013 (Smt. Kiran Vs. District Programme Officer Raebareli and another).
It is provided that if order of the writ Court is complied with and compliance report is filed, the opposite party need not appear before this Court on the date fixed.
The copy of contempt petition be also provided to learned Standing Counsel, who will transmit the same to opposite party along with the gist of order, passed by this Court.
Order Date :- 15.7.2014 Tanveer/-