Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5416 of 2019 Applicant :- Ved Prakash Opposite Party :- Shivendra Pratap Singh, District Basic Education Officer Counsel for Applicant :- Arvind Kumar Tiwari,Vineet Kumar Singh
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 respondents for disobedience of the order dated 27.02.2019 passed in Writ-A No.2681 of 2019 (Ved Prakash v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 27.02.2019 is quoted as under:-
"In view of the same, the order dated 18.1.2019 is hereby quashed. The liberty is given to the District Basic Education Officer, Fatehpur, to pass appropriate orders in accordance with law within a period of two months. It is made clear that respondents will not restrain the petitioner to work for the aforesaid period but the payment of the salary will be abide by the enquiry."
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. In response to the writ court order, the applicant is permitted to join the services but the proceeding has not been finalized as per the mandate of the writ court 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 four 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 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 :- 26.8.2019 A. Pandey