Allahabad High Court
Nilesh Kumar Pandey vs Shri Ram Abhilash Tripathi, S.P. ... on 21 June, 2021
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1875 of 2021 Applicant :- Nilesh Kumar Pandey Opposite Party :- Shri Ram Abhilash Tripathi, S.P. Siddharth Nagar Counsel for Applicant :- Saurabh Tripathi,Santosh Kumar Pandey Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant through video conferencing.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 22.10.2020 passed in Writ-A No.8972 of 2020 (Nilesh Kumar Pandey v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"The petitioner made an application for being transferred as a driver in U.P. PRV-112 Establishment.
The only prayer made by the learned counsel for the petitioner is that the application may be decided within a stipulated period of time.
Per contra, learned Standing Counsel contends that the petitioner is a Home Guard. He was temporarily attached to the U.P. PRV-112 as a driver. However, on complaints he was sent back to the Home Guard Establishment.
Learned counsel for the petitioner submits that the complaints against the petitioner were false and he has made an application in this regard.
Learned counsel for both the parties agree that no useful purpose will be served by exchanging the pleadings and keeping this writ petition pending before this Court. With the consent of parties, the writ petition is being disposed of finally.
Without going into the merits of the case, the matter is remitted to the respondent no.2-Superintendent of Police, Siddharth Nagar.
A writ in the nature of mandamus is issued commanding the respondent no.2-Superintendent of Police, Siddharth Nagar, to execute the following direction:
The respondent no.2-Superintendent of Police, Siddharth Nagar, shall decide the representation of the petitioner regarding transfer as a driver in U.P. PRV-112 Establishment by a speaking order preferably within a period of four months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad along with a copy of fresh representation.
The computer generated copy of such order be self attested by the petitioner (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The writ petition is disposed of finally."
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 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 two 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.6.2021 SP/