Allahabad High Court
Pradip Kumar Sharma vs Anita Meshram,Commissioner on 23 June, 2021
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1869 of 2021 Applicant :- Pradip Kumar Sharma Opposite Party :- Anita Meshram,Commissioner Counsel for Applicant :- Pradeep Kumar Bhardwaj 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 12.1.2021 passed in Writ Petition No.14883 of 2020 (Pradip Kumar Sharma v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard Sri Manu Saxena, learned counsel for the petitioner and learned Standing Counsel for the State - respondents.
The petitioner has made an application for voluntary retirement. This is on the foot of several medical issues being faced by him which interfere in the efficient discharge of his official duties. The representation of the petitioner has not been decided till date.
The only prayer made by Sri Manu Saxena, learned counsel for the petitioner is that the representation of the petitioner be decided within a stipulated period of time.
Learned Standing Counsel submits that the application for grant of voluntary retirement has to be considered as per law by the competent authority within a reasonable period of time.
From the facts of this case there is no good reason for the inordinate delay in passing the appropriate orders on the application for grant of voluntary retirement as submitted by the petitioner. The application was made on 14.12.2019.
No useful purpose would be served by keeping this writ petition pending. With the consent of parties, the writ petition is being disposed of finally.
The matter is remitted to the respondent no.2-Commissioner, Meerut Division, Meerut.
A writ in the nature of mandamus is issued commanding the respondent no.2-Commissioner, Meerut Division, Meerut, to execute the following directions:
I. The respondent no.2-Commissioner, Meerut Division, Meerut, shall decide the representation of the petitioner for grant of voluntary retirement within a period of one month in accordance with law 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 representation.
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.
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 six 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 :- 23.6.2021 SP/