Brijesh Kumar Srivastava vs Sri S.R. Lakha Secy.U.P.Local ...
2014 Latest Caselaw 2797 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- CONTEMPT No. - 1044 of 2014
 

 
Applicant :- Brijesh Kumar Srivastava
 
Opposite Party :- Sri S.R. Lakha Secy.U.P.Local Bodies& Urban Development&Ors.
 
Counsel for Applicant :- P.S. Bajpai
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Learned counsel for the applicant alleges non-compliance of the order of Writ Court dated 17.05.2013 passed in Writ Petition No. 1791 (S/S) of 2013 (Brijesh Kumar Srivastava Vs. State of U.P. and others), whereby the writ Court stayed the operation of the order dated 29.01.2013, by which the services of the applicant as Computer Operator were terminated, in pursuance of the order of Principal Secretary, Urban Development dated 25.07.2012.

Submission of learned counsel for the applicant is that copy of the order of writ Court was sent to the Executive  Officer on 27.05.2013 and the same was also sent to the Principal Secretary, Urban Development.  Thereafter, reminder was also sent on 28.04.2014 to all the opposite parties, but till date no action has been taken on the same.  It is also submitted that Executive Officer of Nagar Palika Parishad, Faizabad wrote to the Director, Local Bodies with respect to compliance of the order of writ Court on 31.07.2013 and subsequently, vide letter dated 30.05.2014 requested the Secretary, Urban Development for guidance.

In this background, submission of learned counsel for the applicant is that in the absence of directions from the Secretary, Urban Development and Director, Local Bodies, the Executive Officer Nagar Palika, Parishad is not permitting the applicant to resume his duties on the post of Computer Operator. Therefore, the applicant is constrained to approach this Court by means of present Contempt Petition for initiating proceedings against the opposite parties under the provisions of Contempt of Court Act for willful disobedience of order dated 17.05.2013 of the writ Court. 

On due consideration,  prima facie, a case of willful disobedience of the order of writ Court is made out.  

Let notice be issued to opposite parties to appear before this Court on  07.08.2014  to show cause as to why proceedings be not initiated against them under the provisions of Contempt of Court Act for willful disobedience of order of the writ Court dated 17.05.2013 passed in Writ Petition No. 1791 (S/S) of 2013 (Brijesh Kumar Srivastava Vs. State of U.P. and others).

It is provided that if order of the writ Court is complied with and compliance report is filed, the opposite party need not appear before this Court on the date fixed.

The copy of contempt petition be also provided to learned Standing Counsel, who may communicate this order to opposite parties. 

Order Date :- 10.7.2014

Tanveer/-