Kamta Prasad vs Suresh Chandra, Principal ...
2019 Latest Caselaw 6054 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4068 of 2019
 

 
Applicant :- Kamta Prasad
 
Opposite Party :- Suresh Chandra, Principal Secretary, Revenue Department
 
Counsel for Applicant :- Krishna Gopal 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 10.09.2018 passed in Writ Petition No.19139 of 2018 (Kamta Prasad v. State of U.P. & Ors.), which for ready reference is quoted as under:-

"Aggrieved by an order dated 20th April, 2011, dismissing petitioner's services, he has preferred an appeal, which has also been rejected on 24.9.2016. It appears that thereafter a writ petition no.47062 of 2017 was filed, which was dismissed with liberty reserved to the petitioner to file a revision against the order. It is alleged that such a revision has been filed on 30.11.2017, but the same has not been decided so far, and hence this writ petition.

Learned Standing Counsel states that the revisional authority shall deal with petitioner's revision, in accordance with law.

In the facts and circumstances, noticed above, this writ petition stands disposed of permitting the petitioner to approach Principal Secretary, Department of Revenue, Lucknow, alongwith certified copy of this order, within two weeks from today. In case petitioner's revision, allegedly filed on 30.11.2017 has remained pending so far, the revisional authority shall make all endeavours to dispose of the same, in accordance with law, at the earliest possible, preferably within a period of three months, thereafter."

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 one month 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/