Allahabad High Court
Gupteshwar Pathak vs Sri. Bhasker Mishra, District ... on 1 August, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4755 of 2019
Applicant :- Gupteshwar Pathak
Opposite Party :- Sri. Bhasker Mishra, District Inspector Of Schools
Counsel for Applicant :- Ashok Kumar Pandey
Hon'ble Mahesh Chandra Tripathi,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 24.01.2019 passed in Writ-A No.1139 of 2019 (Gupteshwar Pathak v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"This writ petition is directed against an order dated 12th December, 2018, whereby appointment made by the Committee of Management on Class-III post of respondent no.7 has been approved. The order is assailed primarily on the ground that petitioner being senior most Class-IV employee was eligible and entitled for being promoted to the post of Assistant Clerk in the institution by virtue of Regulation 2 framed under Chapter III of the U.P. Intermediate Education Act, 1921. Submission is that despite repeated representations made, the claim of petitioner for promotion has not been considered, and instead post has been filled with direct appointment of respondent no.7.
Sri Om Prakash Singh appearing for the respondents states that there are two posts of Assistant Clerk, one of which is to be filled by promotion and other is by direct appointment. It is stated that both the posts were lying vacant and even after direct appointment of respondent no.7 the other post of Assistant Clerk is available against which claim of petitioner can be considered.
Learned Standing Counsel states that all issues of facts can be examined by the respondent no.4, at the first instance.
From the facts and circumstances, noticed above, it would be appropriate to dispose of this writ petition with a direction upon the respondent no.4 to accord consideration to petitioner's claim for promotion, alongwith claim of anyone else who may be eligible or entitled against the post of Assistant Clerk meant for being filled by way of promotion in Ramnath Pathak Inter College, Murarpatti, Lalganj, District Ballia. The required consideration would be made within a period of two months from the date of presentation of certified copy of this order.
In view of the fact that claim of petitioner is not likely to be adversely effected by passing of the order dated 12th December, 2018, the order itself is not liable to be interfered with at the instance of the present petitioner. So long as petitioner's claim is not considered, the vacancy itself, which is said to pertain to promotional quota, would not be filled."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully 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 six weeks 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 :- 1.8.2019
SP/
