Allahabad High Court
Pavan Kumar Sengar And 2 Others vs Vinay Kumar Pandey, Director Of ... on 22 June, 2021
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1752 of 2021 Applicant :- Pavan Kumar Sengar And 2 Others Opposite Party :- Vinay Kumar Pandey, Director Of Education (Secondary) Counsel for Applicant :- Satendra Tirpathi Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant through video conferencing.
By order dated 03.2.2021 passed in Writ A No.13335 of 2020 filed by the applicant, the Court directed as under:
"From a perusal of the provisions cited by the learned counsel for the petitioners and the facts of this case, it is imperative that the case of the petitioners for appointment as Lecturers in the subject of Geography should be considered expeditiously within a time frame stipulated by this Court. Delay in such consideration could well defeat the object of the statute.
The matter is remitted to the respondent No.2-Director of Education (Secondary), U.P., Prayagraj.
A writ in the nature of mandamus is issued commanding the respondent No.2-Director of Education (Secondary), U.P., Prayagraj, to execute the following directions:
1. The respondent No.2-Director of Education (Secondary), U.P. , Prayagraj shall decide the applications for appointment of the petitioners as Lecturers in the subject of Geography by a speaking order in accordance with law within a period of two months from the date of production of a computer generated copy of this order downloaded from the official website of the High Court of Judicature at Allahabad along with a fresh copy of the application.
The computer generated copy of such order shall be self attested by the party concerned. 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.
This Court has not entered into the merits of the case. It is for the competent authority/respondent No.2-Director of Education (Secondary), U.P., Prayagraj to decide the claim of the petitioners upon independent application of mind and in accordance with law.
With the aforesaid directions, the writ petition is finally disposed of."
Learned counsel for the applicant submits 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 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 stamped 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 recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party 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 petitioners 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 :- 22.6.2021 RKP