Allahabad High Court
Shree Ram Baghel And 5 Others vs Arvind Kumar Pathak, Basic Shiksha ... on 10 February, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 889 of 2020 Applicant :- Shree Ram Baghel And 5 Others Opposite Party :- Arvind Kumar Pathak, Basic Shiksha Adhikari Counsel for Applicant :- Prabhakar Tripathi,Satyendra Kumar Pal 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 respondents for disobedience of the order dated 24.05.2019 passed in Writ-A No.8092 of 2019 (Shree Ram Baghel And 5 Others v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 24.05.2019 is quoted as under:-
"Heard learned counsel for the petitioners and Sri Chaturvedi, learned Advocate holding brief of Sri Bhupendra Kumar Yadav who appears for the respondents 2 and 3.
Sri Chaturvedi states that the claim of the petitioners for salary and other emoluments for the period July 2015 to November 2015 shall be duly attended to and disposed of by the said respondents in accordance with law and bearing in mind the decision rendered by the Court in Writ -A No. 25200 of 2018 (Naval Kishore Sharma And 11 Others Vs. State of U.P. And 4 Others) decided on 29 November 2018. Sri Chaturvedi, learned counsel states that a final decision in respect of their entitlement shall be taken and communicated to the petitioners within a period of two months from the date of presentation of a certified copy of this order.
Accordingly and without going into the merits or otherwise of the claim of the petitioners, this petition shall stand disposed of in light of the statement, which is noted and recorded above."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents 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 four 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 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 recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 :- 10.2.2020 A. Pandey