Allahabad High Court
Chandra Pal vs Nalin Sundram Bhatt, District ... on 9 July, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4065 of 2019
Applicant :- Chandra Pal
Opposite Party :- Nalin Sundram Bhatt, District Horticulture Officer
Counsel for Applicant :- Bakhteyar Yusuf
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 07.09.2018 passed in Writ Petition No.19016 of 2018 (Chandra Pal v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Petitioner claims to be working as Mali in the office of District Horticulture Officer, Etah since July, 1999. It is stated that petitioner is working continuously, and therefore, by virtue of rules titled as he U.P. Regularization of Persons Working On Daily Wages or On Work Charge or On Contract In Government Departments On Group 'C' and Group 'D' Posts (Outside The Purview Of The Uttar Pradesh Public Service Commission) Rules, 2016 as also government order dated 24.2.2016, his claim for regularization is liable to be considered by the competent authority. In respect of such grievance, petitioner has approached the authorities concerned, but no decision has yet been taken and hence, petitioner is before this Court.
Learned Standing Counsel submits that all such issues of fact can be examined by the authority competent, in accordance with law, at the first instance.
In the facts and circumstances, this writ petition stands disposed of permitting the petitioner to approach respondent no.4 in respect of his grievance, noticed above, alongwith certified copy of this order, annexing all materials in support of his claim, within a period of two weeks from today. In case such a claim is raised, the same shall be examined by the authority concerned and appropriate order would be passed, in accordance with law, within a further 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 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/
