Allahabad High Court
Raja Babu vs Lav Kumar, Deputy Inspector General Of ... 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. - 6594 of 2019 Applicant :- Raja Babu Opposite Party :- Lav Kumar, Deputy Inspector General Of Police (Headquarter) Counsel for Applicant :- Manoj Kumar Patel 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 18.06.2019 passed in Writ Petition No.9527 of 2019 (Raja Babu v. State of U.P. & Ors.) as well as the order dated 9.8.2019 passed in Contempt Application (Civil) No.5107 of 2019 (Raja Babu v. Lav Kumar, KIG (Headquarter)). For ready reference the order dated 18.6.2019 is quoted as under:-
"Heard learned counsel for the parties.
The petitioner has filed the present petition challenging the transfer order dated 13.7.2018 and the consequent relieving order dated 31.5.2019, (Annexure-6 & 7 to the writ petition).
The averment made by the petitioner is that the petitioner is differently abled and suffers from 50% permanent disability and his wife is posted at District Etawah as Principal in the Primary Pathshala Lokasahi, Vikas Khan Vasrehar, District Etawah. He argues that on account of his disability and in terms of the Government Order, the petitioner had applied for and was transferred from District Jail Kanpur to District Jail Etawah. He prays that the Government has also issued a Government Order dated 29.3.2018 providing that the husband and wife shall be posted at the same place/district and the handicap employees shall be excluded from the general transfer unless there are serious allegations and complaints. The petitioner, therefore, submits that the transfer order dated 13.7.2018 has been passed by the respondent no. 2 without considering the Government Order and the fact that the petitioner is differently abled and suffers from 50% disability and that his wife is posted at District Etawah. Learned counsel for the respondents, on the other hand, states that the petitioner has already been relieved.
Considering the submissions made at the bar, I direct the respondent no. 2 to consider the case of the petitioner in terms of the existing Government Orders relating to the transfer in the event the petitioner applies by filing a representation. The petitioner shall file his representation along with certified copy of this order within a period of two weeks from today and in the event such representation is filed the respondent no. 2 shall consider the same in accordance with the Government Orders and pass a reasoned order on the representation of the petitioner expeditiously, preferably within a period of four weeks from the date of filing of the representation.
The writ petition is disposed off."
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 three 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 Jaswant