Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3664 of 2019 Applicant :- Vijay Kumar Srivastava Opposite Party :- Sri Jitendra Kumar Kushwaha, A.D.M Counsel for Applicant :- Raj Karan Yadav,Yadvendra Kumar Yadav
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 12.07.2018 passed in Writ-A No.13254 of 2018 (Vijay Kumar Srivastava v. State of U.P. & Ors.). For ready reference the order dated 12.07.2018 is quoted as under:-
"This petition has been filed for a direction upon the respondents to pay retiral benefit, including pension, gratuity, GPF, etc., together with interest.
While entertaining the writ petition, time was allowed to the learned standing counsel to obtain instructions. Instructions have been furnished, copy whereof has been provided to the counsel for the petitioner today in Court. As per the instructions, various civil and criminal proceedings are pending against the petitioner. It is stated that in the disciplinary proceeding, initiated against the petitioner, charge sheet has already been submitted prior to his superannuation; whereafter, notice has been issued to the petitioner. It is contended that instead of giving his reply, petitioner has rushed to this Court.
In the facts and circumstances of this case, noticed above, this petition stands disposed of with a direction upon the respondent no. 3 to examine the petitioner's claim and to pass reasoned order, in respect of the petitioner's claim raised before this Court. Required decision would be taken within a period of two months from the date of presentation of certified copy of this order."
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 :- 30.5.2019 SP/