Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5324 of 2019 Applicant :- Umesh Babu Opposite Party :- Ajaydeep Singh, Commissioner, Aligarh Region And 2 Others Counsel for Applicant :- Hritudhwaj Pratap Sahi,Samarath Singh,Sankalp Narain
Hon'ble Mahesh Chandra Tripathi,J.
Heard Mr. Sri Vats Narain, Advocate holding brief of Shri Sankalp Narain, learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 06.12.2018 passed in Writ-A No.23660 of 2010 (Umesh Babu v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 06.12.2018 is quoted as under:-
"In view of the above, the impugned order dated 27th September, 2008 and 27th March, 2010 (Annexures-1 and 2) are quashed. The matter is remitted to the disciplinary authority to look into the aspect of the matter as to whether the inquiry conducted by the Inquiry Officer is de hors the procedure prescribed under Rule 36 of Rules, 1970 and in the event if it finds that the procedure has not been followed, it shall order for fresh inquiry by constituting an inquiry committee. However, in the event if it finds that the inquiry was held as per the procedure prescribed for, it shall proceed to issue show cause notice to the petitioner along with copy of the inquiry report inviting his explanation and after receipt of explanation, he shall be further given opportunity of hearing on the show cause notice of the proposed action and then the authority shall proceed to pass final order strictly in accordance with law."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents 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 certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed 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 parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 parties within the stipulated time as aforementioned.
Order Date :- 22.8.2019 A. Pandey