Allahabad High Court
Dr. Renu Kureel vs Shri Probir Kumar Sen, Secretary, ... on 5 August, 2021
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1586 of 2021
Applicant :- Dr. Renu Kureel
Opposite Party :- Shri Probir Kumar Sen, Secretary, S.N. Sen Balika Vidhyalay And Another
Counsel for Applicant :- Deepak Kumar Jaiswal,Sanjay Kumar Gupta
Counsel for Opposite Party :- S.C.
Hon'ble Prakash Padia,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 judgement and order dated 08.01.2021 passed in Writ A No.15037 of 2020, which for ready reference is quoted as under:-
"Heard learned counsel for parties.
The petitioner was convicted in Sessions Trial No. 525 of 2012. Against that order of conviction, he has preferred Criminal Appeal being Criminal Appeal No. 7836 of 2019 in which he was accorded the facility of bail on 23 September 2020. However, it is not disputed that pursuant to the judgment of conviction the petitioner remained in jail for about nine months. That incarceration being in excess of more than 48 hours led to his suspension. However, and since the petitioner has now been released on bail pending the Criminal Appeal, the ends of justice would merit the petitioner being permitted to apply for revocation of the order of suspension in accordance with law.
Accordingly, this petition shall stand disposed of with liberty to the petitioner to approach the respondent No. 3 and 4 seeking revocation of suspension. In case such an application is filed within a period of two weeks from today, respondent Nos. 3 and 4 shall dispose of the same in accordance with law and in any case within a period of one month therefrom. "
Learned counsel for the applicant submits that a 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 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 two weeks 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.8.2021
Pramod Tripathi
