The Allahabad High Court recently comprising of a bench of Justice Siddhartha Varma asked the Union Government of India as to why it is not considering the candidature of the three Sashastra Seema Bal (SSB) candidates post removal of their religious tattoo due to which they were declared medically unfit for the post of Head Constable (Ministerial).(Avneesh Kumar And Another v. Dr Sujoy Lal Thaosen,Director And 2 Others )
The bench passed the order on the petition filed by the three SSB candidates who have alleged that they were ousted from the recruitment process only for having small religious tattoos on their 'right' forearms.
Facts of the case
The present contempt application was filed under Section 12 of the Contempt of Courts Act for punishing the opposite party for willful disobedience of the judgment and order passed by the Court.
It was contended that applicant had filed aforesaid writ, which was allowed vide order dated 07.03.2022. Copy of the said order was served to the opposite party, but the said direction has not been complied with by the opposite party till date.
Prima facie, a case was made out for punishing the opposite party for willful disobedience of the judgment and order passed in the aforesaid writ petition.
However, no notice was issued to the opposite party at this stage. The opposite party was granted two months further time to comply with the order passed by the Court from the date of production of a certified copy of this order.
Courts Observation and order
The bench observed, "The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self- addressed envelope to the office within two weeks 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 bench disposing of the appeal remarked, "The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the self- addressed envelope within a week thereafter.
In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again.
With the aforesaid observations, this application is finally disposed of at this stage."
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