Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4828 of 2018 Applicant :- Mr. Uday Bhan Opposite Party :- Dr. Gorakhnath Patel Counsel for Applicant :- Braj Mohan Singh Hon'ble Manoj Kumar Gupta,J.
In terms of the order dated 06.10.2017 the District Basic Education Officer was required to decide the claim of the applicant within four weeks from the date of receipt of the certified copy of the order.
It is not disputed that for taking decision in terms of the direction issued by the Writ Court, a notice was issued by the District Basic Education Officer on 15.11.2017 fixing 27.11.2017 for hearing. In pursuance thereof, the applicant duly appeared and submitted documents in support of his claim, but no decision has been taken in the matter so far.
This Court is of the opinion that before inaction on part of the opposite party in complying with the above direction is treated as wilful disobedience of the order of the Writ Court, one more opportunity be granted to him to ensure compliance of the said order.
Accordingly, the instant contempt application is disposed of with liberty to the applicant to file a certified copy of this order along with fresh representation before the opposite party and in which event, he shall ensure that compliance of the direction issued by the Writ Court is made within next four weeks. In case the compliance is still not made, as directed herein, it shall be open to the applicant to initiate fresh contempt proceedings against the opposite party.
(Manoj Kumar Gupta, J.) Order Date :- 13.9.2018 Darpan Sharma