Jaiprakash Yadav And 17 Others vs L.R. Kumar, Deputy Inspector ...
2023 Latest Caselaw 21222 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:159655
 
Court No. - 5
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5590 of 2023
 

 
Applicant :- Jaiprakash Yadav And 17 Others
 
Opposite Party :- L.R. Kumar, Deputy Inspector General Of Police(Establishment)
 
Counsel for Applicant :- Kailash Prakash Pandey,Ashish Kumar Chaurasiya
 

 
Hon'ble Piyush Agrawal,J.

Heard learned counsel for the applicant.

Vide order dated 28.3.2023 passed in Writ A No. 1230 of 2023 filed by the applicant, the writ Court directed as under:

"Thus, for the reasons stated in the judgment and order dated 8th April, 2009 passed in the aforesaid Writ Petition No. 24910 of 2006, this petition deserves to be allowed and is allowed. The respondents shall count the training period of the petitioners for the purposes of granting additional increment.

Following the order passed in the aforesaid matter, this writ petition is also disposed of with the direction that the petitioners' claim for grant of Additional increment shall be considered within a period of three months after taking into account the training period for the purposes of grant of such benefit. "

Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 19.4.2023 through registered post, but the opposite party has willfully 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 for punishing the opposite party for willful disobedience of the writ Court order. However, considering the facts and circumstances of the case, one more opportunity is accorded to the opposite party to comply with the aforesaid order of the writ Court in its letter and spirit within three 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 the applicant(s) 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 party within the stipulated time as aforementioned.

Order Date :- 8.8.2023

Rahul Dwivedi/-