Mahesh Prasad (Rtd.) vs Smt. Neena Sharma, Secretary, ...
2019 Latest Caselaw 5578 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4023 of 2019
 

 
Applicant :- Mahesh Prasad (Rtd.)
 
Opposite Party :- Smt. Neena Sharma, Secretary, Ayush Anubhag-1
 
Counsel for Applicant :- Raghwendra Prasad Mishra
 

 
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 12.03.2019 passed in Writ Petition No.32978 of 2017 (Dr. Mahesh Prasad (Retd.) v. State of U.P. & Ors.), the operative portion of which for ready reference is quoted as under:-

"Accordingly and following the reasons assigned in the aforementioned judgement, this writ petition shall stand allowed. The impugned order dated 30 June 2017, passed by respondent No. 1 is hereby quashed. The petitioner shall be entitled to all consequential benefits in light of the observations made hereinabove."

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. Learned counsel for the applicant has relied upon the order dated 5.7.2019 in Contempt Application (Civil) No.3979 of 2019 (Dr. Mahendra Pratap v. Mrs. Neena Sharma, Secretary, Ayush, Anubhag-1), wherein in similar circumstances the Contempt Court had granted six weeks further time to comply the writ Court order and as such it is submitted that similar direction may also be accorded in this contempt application.

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 :- 8.7.2019

SP/