Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5472 of 2019 Applicant :- Vinay Kumar Rawat Opposite Party :- Brigadier Arvind Kumar, Additional Director General Counsel for Applicant :- Swati Agrawal Srivastava,Sarvesh Kumar
Hon'ble Mahesh Chandra Tripathi,J.
By order dated 10.6.2019 passed in Writ A No.9568 of 2019 filed by the applicant, the Court directed as under:
"In view of the above, the Court is not inclined to interfere with the transfer order in exercise of its discretionary jurisdiction under Article 226 of the Constitution of India. However, it is open to the petitioner to approach the competent authority by filing a representation, which shall be considered and decided on merits by a reasoned and speaking order as expeditiously as possible, preferably within a period of six weeks from the date of filing of a certified copy of this order alongwith copy of the writ petition.
It is made clear that the representation of the petitioner shall be considered after the petitioner reports at the transferred place.
The writ petition is, accordingly, disposed off."
A certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
As per averments contained in paragraphs 14, 15 and 16 of the affidavit filed in support of the contempt application, it appears that the applicant has already joined in Lascar 40 U.P. Battalion, National Cadet Core, Sikandrabad in pursuance of the transfer order dated 18.6.2019 as well as in the light of the order of this Court dated 10.6.2019 but inspite of joining, it is alleged, that the representation of the applicant dated 31.5.2019 has not been decided by the opposite party.
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 party to comply with the aforesaid order of the Court within three 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 party 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
Order Date :- 27.8.2019 RKP