Allahabad High Court
Awadh Naryan Pandey vs Ruby Singh, Secretary, Basic Shiksha ... on 18 October, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 6807 of 2019 Applicant :- Awadh Naryan Pandey Opposite Party :- Ruby Singh, Secretary, Basic Shiksha Parishad And Another Counsel for Applicant :- Shivendu Ojha,Shatrughan Sonwal,Sri. Radha Kant Ojha, Senior Advocate 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 17.5.2019 passed in Writ Petition No.6304 of 2019 (Awadh Narayan Pandey v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"The re-evaluated answer scripts & expert report with regard to the answer to question No.37 of question Booklet Series-A produced by the learned Standing Counsel is taken on record.
A perusal of the key answer as also the answer scripts of the petitioner indicates that the answer to question No.37 of question Booklet Series-A given by the petitioner is correct in view of the decision of this Court in Writ- A No.5365 of 2019 (Radha Devi & others Vs. State of U.P. & others). One mark is, therefore, to be provided to the petitioner for the said answer. Initially, in the original result the petitioner got 61 marks and after re-evaluation, his marks have been raised to 66 by assigning marks to question Nos.35, 102, 132 140 & 143.
The respondent no.4 namely, Secretary, Examination Regulatory Authority, U.P., Allahabad is directed to make correction in the result of the petitioner by providing one more mark to the question no.37. The corrected result of the petitioner shall be uploaded at the website within a fortnight from today.
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 :- 18.10.2019 SP/