Mahesh Chandra Tripathi vs Prabhakar Pandey

Court No. - 10

Case :- CONTEMPT APPLICATION (CIVIL) No. - 5218 of 2019 Applicant :- Mahesh Chandra Tripathi Opposite Party :- Prabhakar Pandey, Executive Engineer Electricity Counsel for Applicant :- Dharmendra Kumar Mishra

Hon'ble Mahesh Chandra Tripathi,J.

By order dated 21.2.2019 passed in Writ A No.2657 of 2019 filed by the applicant, the Court directed as under:

"The sole grievance of the petitioner is that he has not received the arrears of 6th Pay Commission. In regard to his grievance, he has made representation dated 19.12.2018 before the respondent no.3, Executive Engineer, Electricity Distribution Khand- 1 Fatehpur.

In view of the above, respondent no.3, Executive Engineer, Electricity Distribution Khand- 1 Fatehpur is directed to decide the representation of the petitioner within three months from the date of production of certified copy of this order."

It has been averred in the affidavit filed in support of the contempt application 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.

Order Date :- 16.8.2019 RKP