Allahabad High Court
Gaya Prasad vs Dr. Kajal, Director, Local Bodies on 20 October, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4048 of 2020 Applicant :- Gaya Prasad Opposite Party :- Dr. Kajal, Director, Local Bodies Counsel for Applicant :- Sanjay Kr. Srivastava 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 17.1.2020 passed in Writ Petition No.802 of 2020 (Gaya Prasad v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Petitioner claims to be working in respondent no. 3 organisation since 1992. It is asserted that the petitioner is entitled to be regularised in terms of the Government Orders dated 13.8.2015, 24.2.2016, 3.1.2017 and 12.9.2016. Submission is that various representations have been made from time to time but his claim has not been considered.
Sri O.D. Malviya, learned counsel for the respondent no. 3 submits that the grievance of the petitioner shall be considered by the authority concerned, in accordance with law and as per applicable rule.
Considering the facts and circumstances, noticed above, this writ petition stands disposed of, permitting the petitioner to approach the respondent no.2 alongwith certified copy of this order, within a period of four weeks from today, annexing all materials in support of his claim of regularisation. The authority concerned shall enquire into the grievance of the petitioner and appropriate decision would be taken, within a period of three months thereafter."
Learned counsel for the applicant submits that in response to the writ Court order factual detail of the applicant has also been communicated vide letter dated 12.2.2020 (Annexure No.3 to the affidavit) but till now no decision has been taken.
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 party 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 :- 20.10.2020 SP/