Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2751 of 2021 Applicant :- Vishnu Ballabh Mishra Opposite Party :- Shri T.K.S. Bisen Counsel for Applicant :- Diptiman Singh
Hon'ble Prakash Padia,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 21.01.2021 passed in Writ Petition No.23292 of 2018 (Vishnu Ballabh Mishra Vs. Uttar Pradesh State Road Transport Corporation And 2 Others). The aforesaid order is quoted as under:-
"Heard learned counsel for the parties.
Petitioner retired on attaining the age of superannuation on 31 July 2018 from the post of Assistant Regional Manager (Technical) in UPSRTC. By the instant writ petition, petitioner seeks following relief:
i) issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 to grant benefits of Assured Career Progression (ACP) with consequential benefits with interest @ 12% per annum as provided under Government Order dated 29.01.2020.
Learned Standing Counsel submits that the second respondent, Regional Manager, Uttar Pradesh State Road Transport Corporation Regional Workshop, Jhunsi, Prayagraj, shall pass appropriate order, in accordance with law.
In view thereof, on consent, the petition is disposed of directing the second respondent, Regional Manager, Uttar Pradesh State Road Transport Corporation Regional Workshop, Jhunsi, Prayagraj, to consider and decide the representation of the petitioner by reasoned and speaking order, expeditiously, preferably within a period of two months from the date of filing of certified copy of this order alongwith copy of the writ petition.
It is clarified that the Court has not considered the claim of the petitioner on merits."
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully 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 one month from the date of production of a 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 two weeks 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 saqlain Digitally signed by Justice Prakash Padia Date: 2021.07.30 15:19:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad