Allahabad High Court
Archana Singh vs Sri Anil Bhushan Chaturvedi, Secretary ... on 1 October, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 6457 of 2019 Applicant :- Archana Singh Opposite Party :- Sri Anil Bhushan Chaturvedi, Secretary Examination Regulatory Authority Counsel for Applicant :- Dilip Kumar 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 6.5.2019 passed in Writ-A No.4024 of 2019 (Archana Singh v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"From a perusal of the answer scripts of the petitioner, key answer and question Booklet Series-C, it is evident that answer to question no.10 and 69 are correct. The decision with regard to the correct answer to question no.10 has been given by this Court in judgement and order dated 03.05.2019 passed in Writ-A No.5365 of 2019 (Radha Devi & others Vs. State of U.P. & others). In so far as the answer to question No.69 is concerned, there is no mistake. Two marks are, therefore, to be provided to the petitioner for the aforesaid two answers which were not awarded during the re-evaluation.
The respondent no.4 namely the Secretary, Examination Regulatory Authority, U.P., Allahabad is directed to correct the result of the petitioner and upload the corrected result at the website within fortnight.
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 :- 1.10.2019 SP/