Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2564 of 2019 Applicant :- Vivekpati Tripathi Opposite Party :- Shiv Chand Ram, District Inspector Of Schools Counsel for Applicant :- Ramesh Chandra Dwivedi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The petitioner is before this Court for a direction to initiate contempt proceeding against the respondents for wilful disobedience of the order dated 24.08.2017 passed in Writ Petition No.38490 of 2017 (Vivekpati Tripathi v. State of U.P. & Ors.). For ready reference the order dated 24.08.2017 is quoted as under:-
"The petitioner is a candidate for appointment to the post of Assistant Teacher in L.T. Grade in Intermediate College, Pindi, District Deoria. The institution receives financial aid from the State Government. Its affairs are regulated under the provisions of the Intermediate Education Act, 1921, the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 and the Uttar Pradesh Secondary Education Services Selection Board Act, 1982.
It is stated that a vacancy occurred in the post of Assistant Teacher in L.T. Grade in the institution due to promotion of one Rana Pratap Singh to the post of Lecturer in Hindi. The petitioner claims that following the procedure under the law in terms of the judgment of the Full Bench of this Court in Santosh Kumar Singh v. State of U.P. and others, 2015 LawSuit (All) 1953 :2015 (7) ADJ 179, the Committee of Management of the institution has made the selection of the petitioner.
The grievance of the petitioner is that the papers have been sent to the office of the District Inspector of Schools for his approval but no decision has been taken as yet.
I have heard learned counsel for the petitioner and learned Standing Counsel.
Taking into consideration the facts and circumstances of the case, the District Inspector of Schools, Deoria, the third respondent, is directed to take the decision in accordance with law within six weeks from the date of communication of this order.
Accordingly, the writ petition is disposed of. No order as to costs."
Learned counsel for the applicant submits that a certified copy of the aforesaid order along with other documents were submitted for compliance before the opposite party, even the cognizance has been taken by the authority concerned but the proceedings could not be finalized in pursuance of the aforesaid order, and, thus, the opposite party has 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 party to comply with the aforesaid order of the Court within one month 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 :- 29.4.2019 SP/