Allahabad High Court
Prachi Sharma And Another vs Smt. Ruby Singh, Secretary Basic ... on 23 January, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 407 of 2020 Applicant :- Prachi Sharma And Another Opposite Party :- Smt. Ruby Singh, Secretary Basic Education Board U.P. Allahabad Counsel for Applicant :- Balwant Singh 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 27.11.2019 passed in Writ-A No.16627 of 2019 (Prachi Sharma And Another v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 27.11.2019 is quoted as under:-
"Be that as it may, the objection which has been taken by the respondent that the petitioners have completed Diploma in Elementary Education before completing the graduation has been rejected by this Court in Writ A No. 23691 of 2018, thus, the said objection is not sustainable.
Consequently, writ petition is allowed and Respondent No.3 is directed process the candidature of the petitioners within a period of one month from the date of production of a certified copy of this order."
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 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 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 :- 23.1.2020 A. Pandey