Allahabad High Court
Alok Pandey vs Vinay Kumar Pandey on 22 June, 2021
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1746 of 2021 Applicant :- Alok Pandey Opposite Party :- Vinay Kumar Pandey Counsel for Applicant :- Satendra Tirpathi Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant through video conferencing.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 28.1.2021 passed in Writ-A No.586 of 2021 (Alok Pandey v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard Sri Satendra Tripathi, learned counsel for the petitioner, learned Standing Counsel for the State - respondents No.1,2, 6 and 7 and Sri Ajai Kumar Singh Parihar, learned counsel for the respondents No.3, 4 and 5.
The petitioner was empanelled in the panel of Lecturers created under Rule 12(8) of the U.P. Secondary Education Services Selection Board Rules, 1998. The name of the petitioner figured at serial no.7 in the category of Lecturer in the subject of Geography.
It is contended by Sri Satendra Tripathi, learned counsel for the petitioner that the candidates selected for appointment as per the merit list have not joined the post in time allowed in the letter of the appointment. The petitioner becomes entitled for the appointment since his name is at the top of the waiting list. The petitioner has made an application in this regard to the respondent No.2-Director of Education (Secondary), U.P. Prayagraj.
The only prayer made by the learned counsel for the petitioner is that the representation of the petitioner for grant of appointment on the post of Lecturer in the subject of Geography may be processed within a stipulated period of time since there is an existing vacancy and the petitioner is fully eligible for appointment. Sri Satendra Tripathi, learned counsel for the petitioner relies on Rule 13 (3) of the U.P. Secondary Education Services Selection Board Rules, 1998.
Learned Standing Counsel does not have any objection to the aforesaid prayer and submits that the respondent No.2-Director of Education (Secondary), U.P. Prayagraj is an under obligation of law to consider the candidature of the petitioner for appointment as Lecturer in the subject of Geography, after ascertaining the facts within a reasonable period of time.
Sri Ajai Kumar Singh Parihar, learned counsel for the respondents No.3, 4 and 5 adopts the argument of learned Standing counsel for the State.
From a perusal of the provisions cited by the learned counsel for the petitioner and the facts of this case, it is imperative that the case of the petitioner for appointment as Lecturer in the subject of Geography should be considered expeditiously within a time frame stipulated by this Court. Delay in such consideration could well defeat the object of the statute.
The matter is remitted to the respondent No.2-Director of Education (Secondary), U.P. Prayagraj.
A writ in the nature of mandamus is issued commanding the respondent No.2-Director of Education (Secondary), U.P. Prayagraj, to execute the following directions:
1. The rrespondent No.2-Director of Education (Secondary), U.P. Prayagraj shall decide the application for appointment of the petitioner as Lecturer in the subject of Geography by a speaking order in accordance with law within a period of two months from the date of production of a computer generated copy of this order downloaded from the official website of the High Court of Judicature at Allahabad along with a fresh copy of the application.
The computer generated copy of such order shall be self attested by the party concerned. 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.
This Court has not entered into the merits of the case. It is for the competent authority/respondent No.2-Director of Education (Secondary), U.P. Prayagraj to decide the claim of the petitioner upon independent application of mind and in accordance with law.
With the aforesaid directions, the writ petition is finally disposed of."
Learned counsel for the applicant submits 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 Court within four weeks 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 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 :- 22.6.2021 SP/