HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 24 Case :- CONTEMPT No. - 2041 of 2015 Applicant :- Praveen Kumar Tripathi Opposite Party :- Rajendra Kumar Pandey Counsel for Applicant :- Sanjay Misra Hon'ble Dr. Devendra Kumar Arora,J.
Heard learned counsel for the applicants.
Learned counsel for the applicants allege willful non-compliance of order of writ Court dated 29.5.2015, passed in Writ Petition No.5951 (SS) of 2014 ,Praveen Kumar Tripathi vs. State of U.P. & others, whereby the writ court while quashing the order dated 26.4.2014 directed the District Inspector of Schools, Faizabad to pass order on application dated 27.8.2014 moved by respondent no.4 in pursuance of above paragraph 101 of the Regulation for permission to make appointment and to make approval of appointment of petitioner within two months from the date on which copy of the order is produced, if selection of the petitioner has been made by following due recruitment produces and relevant laws, Rules and GOs have been followed.
Submission of the petitioner's counsel is that the copy of the aforesaid order was served upon the contemnor on 16.6.2015. The Manager of the College also sent a letter to the DIOS on 18/19/2015. Submission of the Counsel is that inspite of long lapse of time, date no positive action has been taken to comply the order, which shows that opposite party is flouting the order with impunity.
After considering the submissions of learned counsel for the applicant and perusal of record, prima facie, a case for willful disobedience of court's order is made out against the opposite party.
Let notice be issued to opposite party to appear before this Court on 6.11.2015 to show cause as to why proceedings be not initiated against him under the provisions of Contempt of Courts Act for willful disobedience of the aforesaid order of the writ court.
List this case on 6.11.2015.
It is provided that if order of the writ Court is complied with and compliance report is filed, the opposite party need not to appear before this Court on the date fixed.
Counsel for the applicant is directed to furnish a copy of the contempt petition to Standing Counsel, who shall transmit the same to the opposite party no. 1 along with gist of this order at the earliest for information and necessary compliance.
Order Date :- 5.10.2015 MH/-