Allahabad High Court
Raja Babu vs Lav Kumar, D.I.G. (Headquarter) on 9 August, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 5107 of 2019 Applicant :- Raja Babu Opposite Party :- Lav Kumar, D.I.G. (Headquarter) Counsel for Applicant :- Manoj Kumar Patel Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 18.06.2019 passed in Writ-A No.9527 of 2019 (Raja Babu v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 18.06.2019 is quoted as under:-
"Considering the submissions made at the bar, I direct the respondent no. 2 to consider the case of the petitioner in terms of the existing Government Orders relating to the transfer in the event the petitioner applies by filing a representation. The petitioner shall file his representation along with certified copy of this order within a period of two weeks from today and in the event such representation is filed the respondent no. 2 shall consider the same in accordance with the Government Orders and pass a reasoned order on the representation of the petitioner expeditiously, preferably within a period of four weeks from the date of filing of the representation."
It has been stated in the affidavit filed in support of contempt application 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 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 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 :- 9.8.2019 A. Pandey