Ram Kumar Singh vs T.T. Ready, General Manager
2019 Latest Caselaw 6335 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4757 of 2019
 

 
Applicant :- Ram Kumar Singh
 
Opposite Party :- T.T. Ready, General Manager
 
Counsel for Applicant :- Pankaj Kumar Mishra
 
Counsel for Opposite Party :- Ganesh Datt Mishra
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the applicant and Shri G.D. Mishra, learned counsel for the opposite party.

The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 22.02.2019 passed in Writ-A No.2860 of 2019 (Ram Kumar Singh v. State of U.P. & Ors.), which for ready reference is quoted as under:-

"Heard Sri S.N. Singh, learned Counsel for the petitioner and learned Standing Counsel for respondent no.1.

No notice has been served upon respondent nos.2 to 6.

The sole prayer of the petitioner is for a direction to the respondent no.4 to consider the representation dated 8.2.2019 regarding the payment of retiral dues and salary which is pending consideration.

In view of the above, respondent no.4 is directed to consider the representation of the petitioner dated 8.2.2019 within a period of three months from the date of production of certified copy of this order.

The petition stands disposed of."

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/