Allahabad High Court
Gorakh Nath Pandey vs Shri. Atul Bharti, General Manager ( ... on 17 August, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 5257 of 2019 Applicant :- Gorakh Nath Pandey Opposite Party :- Shri. Atul Bharti, General Manager ( Personnel), U.P. Counsel for Applicant :- Sanjeev Singh,Kamendra Singh Hon'ble Mahesh Chandra Tripathi,J.
By order dated 19.4.2019 passed in Writ A No. 4348 of 2019 filed by the applicant, this Court directed as under:
"Without expressing any definite view in the matter with regard to the date of petitioner's first engagement on contract basis, it would be appropriate to direct the respondent no.3 General Manager (Personnel) of the Corporation to examine this aspect of the matter, at the first instance. Petitioner would be at liberty to annex all relevant materials in support of his claim, alongwith certified copy of this order, within a period of one month from today. It would be open for respondent no.3 to call for comments from the concern depot, and thereafter proceed to determine the date of petitioner's first engagement as contract employee in the Corporation, and pass a fresh order in respect of the petitioner's claim. The order under challenge in this petition, dated 4.5.2018, shall abide by the fresh orders to be passed by the Corporation, as indicated above. The required consideration would be made within a period of three months.
With the aforesaid observations/directions, this writ petition stands disposed of. "
The record in question reflects that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the writ 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 party and another self-addressed 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 party within one week thereafter and keep a record thereof.
The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self-addressed envelope 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 party within the stipulated time as aforementioned.
Order Date :- 17.8.2019 A.K.Srivastava