Court No. - 5
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5269 of 2020 Applicant :- Sudhakar Upadhyay Opposite Party :- Shri Rajendra Prasad, DM Counsel for Applicant :- Abhijeet Kumar Pandey Hon'ble Saral Srivastava,J.
Heard learned counsel for the applicant.
The present contempt application has been filed for the wilful disobedience of the judgement and order dated 13.12.2019 passed in Public Interest Litigation (PIL) No. 2340 of 2019 committed by the opposite party. Relevant portion of the judgement is extracted herein below:-
" In view the above, we do not find any reason to interfere in the matter.
However, we hope and trust that the enquiry instituted against the respondent no.8 shall be concluded expeditiously.
The writ petition is accordingly disposed of. "
It is stated by the counsel for the applicant in paragraph No. 20 of the affidavit accompanying with the contempt application that the copy of the judgement of this Court has been served upon the opposite party on 24.1.2020. The copy of the representation alongwith certified copy of the judgement is enclosed as annexure No. 16 to the affidavit accompanying with the contempt application. The applicant in the paragraph No. 14 of the affidavit stated that despite service of the aforesaid judgment, the inquiry has not been concluded till date.
Since, this Court has not fixed any time for conclusion of the inquiry against the respondent No. 8 (gram pradhan), therefore, this Court find it appropriate in the facts of the present case to grant one more opportunity to the opposite party to comply with the judgement of this Court dated 13.12.2019 passed in Public Interest Litigation (PIL) No. 2340 of 2019 within a period of three months from the date of production of copy of this order.
The contempt application is disposed of. The record of the contempt application is consigned to record room.
In view of the fact that due to the pandemic of COVID-19, the certified copy is not being issued by the High Court, therefore, the order downloaded from the website duly certified by learned counsel for the petitioner may be treated as true copy of the order and the Authority may not refuse to comply the order on the ground of non filing of certified copy of the order.
Digitally signed by Justice Saral Srivastava Date: 2021.01.09 13:52:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 5.1.2021/Jaswant