Allahabad High Court
Bal Govind, Constabale, Pno No. ... vs Shri. Raj Kumar Vishwakarma, Chairman, ... on 1 October, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 6461 of 2019 Applicant :- Bal Govind, Constabale, Pno No. 822370145 Opposite Party :- Shri. Raj Kumar Vishwakarma, Chairman, U.P. Police Recruitment And Promotion Board Counsel for Applicant :- Dileep Kumar 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 16.11.2018 passed in Writ-A No.40891 of 2016 (Vijay Pratap v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner and learned Standing Counsel. The prayer made in this petition reads thus:
"(a) issue, a writ order or direction, in the nature of certiorari, for quashing the part of the impugned Head Constable Promotion Selection List dated 13.05.2016, issued by Respondent No.5, upto the extent by which juniors to the petitioners have been promoted by way of illegal, arbitrary and discriminatory manner, and also in violation of the Uttar Pradesh Constable and Head Constable Service Rules- 2015 enclosed as Annexure-1 to he writ petition.
(b) issue, a writ order or direction, in the nature of mandamus, directing the respondents, to consider the petitioner's promotion on the post of Head Constables, in pursuance of the seniority list dated 24.01.2016 and to promote the petitioners from the post of constables to the Head Constables with all consequential benefits."
Learned counsel for the petitioner on instruction states that prayer no.1 is not pressed. Order accordingly.
The only issue now remaining is for consideration of the promotion of the petitioner in pursuance of the seniority list.
Learned Standing Counsel states that subject to all contentions on merits being left open, the said claim of the petitioner shall be considered and disposed of in accordance with law by Respondent No.5 expeditiously and preferably within a period of four months from the date of presentation of a certified copy of this order.
Writ petition is accordingly disposed of in light of the statement noted above which is recorded and accepted."
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 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 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 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 :- 1.10.2019 SP/