Mamta Dubey vs Shrawan Kumar Gupta, B.E.O.
2021 Latest Caselaw 6097 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1111 of 2021
 

 
Applicant :- Mamta Dubey
 
Opposite Party :- Shrawan Kumar Gupta, B.E.O.
 
Counsel for Applicant :- Alok Kumar Singh
 

 
Hon'ble Mahesh Chandra Tripathi,J. 

Heard learned counsel for the applicant through video conferencing.

By order dated 30.9.2020 passed in Writ A No. 7494 of 2020 filed by the applicant, the Court directed as under:

"The matter is remitted to the District Basic Education Officer to re-consider the claim of the petitioner in light of the judgment of Smt. Vimla Srivastava (supra) and in the event, the petitioner otherwise is found eligible for compassionate appointment, the same shall be offered to her within a period of eight weeks from the date of production of copy of the order along with an application.

The order available on the official website of the High Court shall be taken to be genuine one and certified copy shall be submitted by the petitioner as and when it is issued.

The writ petition stands allowed in terms of above observations and directions."

Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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. Even though in the present matter, notice has been issued to the opposite party vide order dated 18.3.2021, however, considering the facts and circumstances of the case and present pandemic situation, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within two months from the date of production of a copy of this order.

The applicant shall supply a duly stamped registered envelope addressed to the opposite party 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.

The opposite party shall comply with the directions of the writ court and intimate him 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 party 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 applicant 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 :- 9.6.2021

A.K.Srivastava