Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3713 of 2019 Applicant :- Urmila Devi Opposite Party :- Iftekhar Ahmad, District Programme Officer Counsel for Applicant :- Abhishek Rai Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 22.02.2018 passed in Writ-A No.6501 of 2018 (Urmila Devi v. State of U.P. & Ors.). For ready reference the order dated 22.02.2018 is quoted as under:-
"Heard learned counsel for the parties.
The husband of the petitioner was working as Senior Assistant, who died on 21 December 2015, however, the grievance of the petitioner is that till date the post retiral dues has not been released despite several communications being made. After advancing argument at length, learned counsel for the petitioner submits that the petitioner would be satisfied in case, the fourth respondent, District Programme Officer, Azamgarh is directed to consider the grievance of the petitioner, expeditiously, within a time frame.
Learned Standing Counsel would submit that the fourth respondent shall consider the grievance of the petitioner, in accordance with law.
In regard thereto, without entering into the merit of the case, as well as, rival contentions raised by the respective parties, it is provided that the fourth respondent, District Programme Officer, Azamgarh shall consider and redress the grievance of the petitioner by a reasoned and speaking order, in accordance with law, preferably within twelve weeks from the date of filing of certified copy of this order and a copy of the writ petition along with annexures. It is made clear that in the event, the post retiral dues are not released, as directed, petitioner shall be entitled to interest from the due date @ 6.5% simple interest.
With the aforementioned observations/direction, the writ petition is finally disposed of."
It is contended that so far as the retiral dues are concerned, the same have been ensured by the opposite parties but the interest as has been directed by the writ Court has not been ensured and as such the writ Court order has not been complied with in letter and spirit.
Learned counsel for the applicant submits that a certified 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 six 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 parties 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 stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant 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 parties within the stipulated time as aforementioned.
Order Date :- 31.5.2019 SP/