Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3036 of 2021 Applicant :- Teeka Ram Opposite Party :- Sri Sanjeev Kumar, Divisional Forest Officer Counsel for Applicant :- Parvat Singh
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 12.01.2021 passed in Writ A No. 14642 of 2020 (Teeka Ram Vs. State of U.P. and Others), which for ready reference is quoted as under:-
"Submission is that petitioner is working in the Forest Department, U.P. on daily wage basis since July, 2001. It is stated that petitioner is entitled to minimum of pay scale without allowances in view of the law laid down by the Apex Court in State of Punjab and others vs. Jagjit Singh and others, (2017) 1 SCC 148. Reliance has also been placed upon a subsequent judgemet of the Apex Court in Civil Appeal No. 10956 of 2018 (Sabha Shanker Dube Vs. Divisional Forest Officer and others) decided on 14.11.2018 and also a judgment of this Court in Writ Petition No. 11964 of 2018 (Mohan Swaroop and another Vs. State of U.P. and 3 others) decided on 17.11.2018.
Learned Standing Counsel states that petitioner's grievance would be examined in accordance with law.
In the facts and circumstances, this petition stands disposed off with a direction upon respondent no.4 to accord consideration to petitioner's claim in terms of the aforesaid judgement and pass an appropriate order, within a period of three months from the date of representation of copy of this order.
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."
Learned counsel for the applicant submits that a 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 two months from the date of production of a copy of this order.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.8.2021 Swati