Allahabad High Court
Gyan Prakash vs Ruby Singh, Secretary And Another on 18 October, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 6779 of 2019 Applicant :- Gyan Prakash Opposite Party :- Ruby Singh, Secretary And Another Counsel for Applicant :- Shivendu Ojha,Shatrughan Sonwal,Sri Radha Kant Ojha, Sr. Advocate Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 21.05.2019 passed in Writ Petition No.7461 of 2019 (Gyan Prakash v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Written instructions and expert report provided by the learned Standing counsel are taken on record.
It is not disputed that the petitioner had applied for getting scanned copy of the answer script by moving an application dated 28.8.2018 and the same was received by him on 5.11.2018.
Learned counsel for the petitioner has demonstrated from the Question Booklet Series-'A', key answers, and answer scripts of the petitioner that answers to question nos.41 and 66 are correct in view of the judgment of this Court in Writ Petition No.18235 of 2018 in Annirudh Narain Shukla vs. State of U.P. The respondent no.4, Secretary Examination Regulatory Authority, U.P., Allahabad, is, therefore, directed to provide two marks to the petitioner for the aforesaid answers and declare corrected result at the website within a fortnight from today.
The writ petition is allowed."
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 two weeks from the date of production of a certified 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 three 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.
Order Date :- 18.10.2019 SP/