Allahabad High Court
Prince Kumar Mishra vs Sri Arun Kumar Sinha, Chirman Upsssc ( ... on 18 September, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 5827 of 2019 Applicant :- Prince Kumar Mishra Opposite Party :- Sri Arun Kumar Sinha, Chirman Upsssc ( U.P. Subordinate Service Selection Commission) Counsel for Applicant :- Mohd. Afzal Ansari 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 6.7.2019 passed in Writ Petition No.9883 of 2019 (Prince Kumar Mishra v. State of U.P. & Anr.), which for ready reference is quoted as under:-
"Although petitioner has prayed for his OMR sheet bearing Roll No. 00016583 to be reevaluated but during the course of hearing, learned counsel for the petitioner confines his prayer to a direction being issued to the Commission to provide copy of OMR sheet to the petitioner. Petitioner had applied for appointment to the post of Village Development Officer for which examination was conducted in the year 2016.
Sri K.S. Kushwaha, learned counsel appearing for the Respondent-Commission states that incase an application is made the copy of the OMR sheet would be furnished to the petitioner.
This writ petition is, accordingly, disposed of with the observation that in case petitioner approaches respondent no.2 alongwith certified copy of this order, he shall be provided the photocopy of his OMR sheet within a period of two weeks thereafter."
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 one week 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 one week 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 :- 18.9.2019 SP/