Citation : 2014 Latest Caselaw 3145 ALL
Judgement Date : 15 July, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- CONTEMPT No. - 1340 of 2014 Applicant :- Dr. (Smt.) Vindu Yadav Opposite Party :- Arvind Kumar Prin.Secy.Medical Health & Family We;Fate Lko. Counsel for Applicant :- Hari Parsad Gupta Hon'ble Dr. Devendra Kumar Arora,J.
Heard learned counsel for the applicant.
The applicant alleges non-compliance of order of writ Court dated 30.09.2013 passed in Writ Petition No. 1462 of 2013 (S/B) of 2013 (Dr. (Smt.) Vindu Yadav Vs. State of U.P. and others), whereby writ Court directed the Principal Secretary, Department of Medical & Health, Government of U.P. to pass final order on merit on the inquiry report, within four weeks from the date of receiving a copy of order.
Submission of learned counsel for the applicant is that copy of the order of writ Court along with representation was submitted to opposite party on 20.01.2014 followed by reminder through registered post on 14.02.2014. It is also submitted that time prescribed by the writ Court has already expired, but opposite party has not passed any order on the inquiry report in compliance of the order of writ Court. Therefore, the applicant is constrained to approach this Court by means of present Contempt Petition for initiating proceedings against the opposite party under the provisions of Contempt of Court Act for willful disobedience of order dated 30.09.2013 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 party to appear before this Court on 13.08.2014 to show cause as to why proceedings be not initiated against him under the provisions of Contempt of Court Act for willful disobedience of order of the writ Court dated 30.09.2013 passed in Writ Petition No. 1462 of 2013 (S/B) of 2013 (Dr. (Smt.) Vindu Yadav 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 transmit the same to opposite party along with order of this Court, for compliance.
Order Date :- 15.7.2014
Tanveer/-
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