Rajiv Kumar vs Shri Sarvesh Kumar, Deputy ...
2019 Latest Caselaw 6456 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4820 of 2019
 

 
Applicant :- Rajiv Kumar
 
Opposite Party :- Shri Sarvesh Kumar, Deputy Inspector Of Schools
 
Counsel for Applicant :- Ajay Kumar Srivastava
 

 
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 04.04.2019 passed in Writ-A No.4966 of 2019 (Rajiv Kumar v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 04.04.2019 is quoted as under:-

"In the facts and circumstances, noticed above, this writ petition stands disposed of permitting the petitioner to represent his grievance before respondent no.2, annexing all relevant materials in support of his claim, alongwith certified copy of this order, within two weeks from today. The claim of petitioner for promotion would be examined by the competent authority, after affording an opportunity of hearing to the respondent no.3, in accordance with law, by passing an appropriate order, within a further period of three months, thereafter. Issues relating to eligibility of petitioner as well as availability of post for promotion etc. are all left open to be examined by the Inspector, at the first instance. Claim of any other eligible person would also be examined while considering the claim of petitioner."

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 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 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