Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2612 of 2019 Applicant :- Sooraj Prasad Gupta Opposite Party :- Alok Kumar, Commissioner Counsel for Applicant :- Vandeep Nath Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 31.10.2018 passed in Writ A No.22917 of 2018 filed by the applicant, the Court directed as under:
"Learned Standing Counsel appearing for the second respondent states that the claim of the petitioner for revision of pension and other benefits shall be duly evaluated by the second respondent and disposed of within a period of two months from the date of presentation of a certified copy of this order along with a copy of the writ petition and its enclosures.
Accordingly and in light of the statement so made, which is recorded and accepted, nothing further survives on this petition, which shall in consequence stand disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 7.12.2018 but the opposite party has wilfully not complied with the order and, thus, has 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 party 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 party 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 party within one week thereafter and keep a recorded thereof.
The opposite party 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 party within the stipulated time as aforementioned.
Order Date :- 30.4.2019 RKP