Allahabad High Court
Shamshu Alam vs Govind Ballabh Sharma, District Judge on 4 February, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 624 of 2020 Applicant :- Shamshu Alam Opposite Party :- Govind Ballabh Sharma, District Judge Counsel for Applicant :- Chitra Sen Singh 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 25.04.2019 passed in Writ Petition No.6361 of 2019 (Shamshu Alam v. State of U.P. & Anr.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner, Sri Anil Babu appearing for the second respondent and the learned Standing Counsel.
Sri Anil Babu learned counsel appearing for the second respondent states that subject to verification of all facts and contentions on merits being left open, the claim of the petitioner for appointment on compassionate grounds as embodied in the representation dated 12 October 2018 shall be duly attended to by the said respondent and disposed of in accordance with law, with expedition and preferably within a period of four months from the date of presentation of a certified copy of this order.
Accordingly and without going into the merits of the claim of the petitioner, this petition shall stand disposed of in light of the statement noted above."
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 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 :- 4.2.2020 SP/