Allahabad High Court
Pradeep Kumar Kuntal And 23 Others vs Sri Raj Kumar Vishwakarma, Chairman, ... on 16 March, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1702 of 2020 Applicant :- Pradeep Kumar Kuntal And 23 Others Opposite Party :- Sri Raj Kumar Vishwakarma, Chairman, U.P. Police Recruitment And Promotion Board And Another Counsel for Applicant :- Siddharth Khare,Shri Ashoke Khare, Senior Counsel Hon'ble Mahesh Chandra Tripathi,J.
Advocates are abstaining from judicial work.
By order dated 18.10.2019 passed in Writ A No. 3312 of 2019 filed by the applicants, this Court directed as under:
"9. In view of what has been observed above, this petition is disposed of with following orders:-
(i) Writ petition at the instance of those petitioners, who have secured marks below the cut off in their respective category stands dismissed.
(ii) So far as petitioner nos.15, 47, 58, 61 and 63 is concerned, the petitioners shall be at liberty to represent their grievance before the respondents annexing all materials to show that they had taken part in the physical standard test and document verification, which shall be got examined, and an appropriate reasoned order would be passed in respect of said petitioners.
(iii) Petitioners, who have not been able to qualify physical standard test cannot have any grievance with regard to denial of selection to them and the writ petition at their instance fails and is dismissed.
(iv) Petitioner nos.1, 3, 4, 5, 6, 9, 10, 11, 13, 14, 15, 16, 18, 24, 25, 28, 29, 32, 36, 39, 44, 48, 49, 50, 51, 52, 59, 62, 65 and 66, who have been non-suited on account of mismatch between their thumb impression on the admitted documents vis-a-vis thumb impression obtained on the date of document verification etc., would be informed of the materials that exist against them in respect of respondents' plea that petitioners have indulged in impersonation. Such intimation would be given to them, within six weeks from the date of presentation of certified copy of this order. Petitioners in that regard would have an opportunity to submit their reply annexing materials that they intent to rely upon in support of their claim. The authorities shall get the matter examined and would pass an appropriate order, within a further period of two months, thereafter. While taking such decision, the authorities would keep in mind the observations made by this Court in the case of Ranvijay Singh (supra). "
It appears from the record 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 writ Court within six weeks from the date of production of a certified copy of this order.
The applicants 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 envelope of the applicants with a copy of contempt application to the opposite parties within one week thereafter and keep a record thereof.
The opposite parties shall comply with the directions of the writ court and intimate the order to the applicants through the self-addressed envelope within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicants to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 16.3.2020 A.K.Srivastava