Allahabad High Court
Khushbu Mishra And Another vs Raj Kumar Vishwakarma, Chairman, ... on 1 August, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4829 of 2019
Applicant :- Khushbu Mishra And Another
Opposite Party :- Raj Kumar Vishwakarma, Chairman, Uttar Pradesh Police Recruitment And Promotion Board
Counsel for Applicant :- Rajesh Kumar Verma,Bharat Singh
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 respondents for disobedience of the order dated 22.04.2019 passed in Writ-A No.5353 of 2019 (Khushbu Mishra and another v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 22.04.2019 is quoted as under:-
"In regard thereto, without entering into the merit of the case, as well as, rival contentions raised by the respective parties, the writ petition is being disposed of directing the third respondent, Chairman, U.P. Police Recruitment and Promotion Board to conduct/take medical test and Physical Eligibility Test (PET) of the petitioners expeditiously, preferably within two weeks from the date of filing of certified copy of this order along with the copy of the writ petition."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents 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 two 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 envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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
A. Pandey
