Allahabad High Court
Arvind Pal Singh vs Alok Sinha, Additional Chief ... on 9 July, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4077 of 2019
Applicant :- Arvind Pal Singh
Opposite Party :- Alok Sinha, Additional Chief Secretary
Counsel for Applicant :- Rajendra Singh Chauhan
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 11.02.2019 passed in Writ-C No.4643 of 2019 (Arvind Pal Singh v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"The petitioner has preferred this writ petition for a direction upon the third respondent to take appropriate action on the basis of enquiry report dated 6.4.2018.
It is stated that serious financial irregularities have been made by the private respondent no.4 in respect of the Central Government's Scheme for setting Centre for e-Governance. In this regard, it appears that some enquiry was conducted wherein serious irregularities have been found. The District Magistrate who is also Chairman of the District e-Governance Society vide communication dated 19.1.2019 addressed to the Additional Chief Secretary, I.T. Evam Electronics Section-2, has pointed out the irregularity. The said communication is on the record.
We have heard learned counsel for the petitioner, learned standing counsel for the State and perused the record.
Taking into consideration the entire facts and circumstances of the case, we do not wish to inter into the merits of the case as the matter is engaging attention of the authority concerned.
Accordingly, we deem it fit and proper to issue a direction upon the first respondent to take the appropriate decision in accordance with law on the communication of the District Magistrate, expeditiously preferably within a period of three months after furnishing opportunity to the affected person, respondent no.4.
Needless to say that we have not expressed our view on the merits of the case. The authority concerned shall pass the order independently.
With these directions, the writ petition is disposed off."
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 :- 9.7.2019
SP/
