Allahabad High Court
Sant Kumar Mishra vs Anil Kumar Chaudhary, General Manager, ... on 23 July, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4431 of 2019 Applicant :- Sant Kumar Mishra Opposite Party :- Anil Kumar Chaudhary, General Manager, Dakshidanchal Vidyut Vitaran Nigam Ltd. And 2 Others Counsel for Applicant :- Sushil Kumar Shukla Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 20.8.2018 passed in Writ A No.16808 of 2008 filed by the applicant, the Court directed as under:
"In the facts and circumstances of the case, the petitioner may submit a representation to the respondent no. 4 within a period of two months from today. The respondent no. 4 shall decide the claim of the petitioner for grant of time scale promotion grade by a reasoned and speaking order in accordance with law. The decision shall be passed by the respondent no. 4 within a period of four months from the date of receipt of a certified copy of this order along with copy of the representation.
The Court has not gone into the veracity of the assertions in the writ petition nor has the claim of the petitioner been judged on merits. It is for the competent authority to do so after independent application of mind."
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 one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.
The opposite parties shall comply with the directions of the writ court and intimate him 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 :- 23.7.2019 RKP