Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5049 of 2018 Applicant :- Virendra Singh Panwar Opposite Party :- Dinesh Kumar Yadav, District Basic Education Officer Counsel for Applicant :- Sanjeev Singh Hon'ble Manoj Kumar Gupta,J.
In terms of order dated 15.03.2018 in Writ-A No. 52068 of 2014, the District Basic Education Officer was required to take a fresh decision after verifying the correctness of the documents annexed by the applicant alongwith supplementary affidavit filed in writ proceedings. The decision was to be taken within three months from the receipt of certified copy of the order.
A perusal of the material brought on record reveals that in order to ensure compliance of the order of Writ Court, the District Basic Education Officer, by letter dated 18.04.2018, issued certain directions to the Gram Shiksha Samiti for passing proper resolution, so that further action is taken in the matter accordingly. It seems that in terms of the said direction, a resolution was also passed by Gram Shiksha Samiti, but no follow up action has been taken by District Basic Education Officer so far.
This Court is of the opinion that before inaction on part of the opposite party in complying with the above direction is treated as wilful disobedience of the order of the Writ Court, one more opportunity be granted to him to ensure compliance of the said order.
Accordingly, the instant contempt application is disposed of with liberty to the applicant to file a certified copy of this order along with fresh representation before the opposite party and in which event, he shall ensure that compliance of the direction issued by the Writ Court is made within next six weeks. In case the compliance is still not made, as directed herein, it shall be open to the applicant to initiate fresh contempt proceedings against the opposite party.
(Manoj Kumar Gupta, J.) Order Date :- 24.9.2018 Darpan Sharma