Allahabad High Court
C/M Sri Genda Singh Kishan Inter ... vs Vinay Kumar Pandey, Director Of ... on 8 July, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4031 of 2019
Applicant :- C/M Sri Genda Singh Kishan Inter College And Another
Opposite Party :- Vinay Kumar Pandey, Director Of Education (Secondary)
Counsel for Applicant :- Indra Raj Singh,Adarsh 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 opposite parties for wilful disobedience of the order dated 22.11.2018 passed in Writ-A No.24696 of 2018 (C/M of Sri Genda Singh Kishan Inter College & Anr. v. District Inspector of Schools & Ors.), which for ready reference is quoted as under:-
"This petition has been filed for a direction upon the respondents to grant permission to petitioner institution to fill up one vacant post of Assistant Clerk in Sri Genda Singh Kishan Inter College, Nayabansh, Lakhanu, District Hathras.
In view of the regulation 101 of the Regulations framed under Chapter III of the U.P. Intermediate Education Act, 1921, as amended, the class III post in an institution can be filled after obtaining permission from the District Inspector of Schools. The Inspector is to process the request of the Committee of Management and obtain prior permission of the Director before granting such permission to the Committee of Management. According to the petitioners, the process has already been initiated by it and request needs to be processed at the level of the Inspector and Director.
Learned Standing Counsel submits that required action would be taken at the level of the concerned authorities, in accordance with law.
In the facts and circumstances, this writ petition stands disposed of with a direction upon the respondent no.1 District Inspector of Schools to forthwith process and forward claim of petitioners to the Director, within a period of three weeks from the date of presentation of certified copy of this order. The Director thereafter shall accord consideration to the request of petitioners, as is forwarded by the Inspector, and take appropriate decision with regard to grant of permission to fill up class III post, in accordance with law, within a period of two months thereafter. The Inspector, based upon the orders of the Director, shall proceed to pass appropriate orders, within a further period of one month thereafter."
Learned counsel for the applicant states that in response to the writ Court order in question the concerned District Inspector of Schools has already forwarded the papers on 7.1.2019 but the same is not being processed further and as such the opposite parties 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 three 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 :- 8.7.2019
SP/
