Purushottam Singh vs Vinod Kumar Yadav

Court No. - 10

Case :- CONTEMPT APPLICATION (CIVIL) No. - 5219 of 2019 Applicant :- Purushottam Singh Opposite Party :- Vinod Kumar Yadav, District Assistant Registrar Co- Operative Societies Counsel for Applicant :- Shiv Nath Singh

Hon'ble Mahesh Chandra Tripathi,J.

By order dated 28.8.2018 passed in Writ A No.7108 of 2006 filed by the applicant, the Court directed as under:

"It is open to the petitioner to submit a representation to respondent No.2 for grant of salary and other consequential benefits, to which the petitioner claims to be entitled. The respondent No.2 shall pass a reasoned and speaking order in accordance with law and decide the claim of the petitioner within a period of four months from the date of receipt of a certified copy of this order along with a fresh copy of the representation.

It is clarified that this Court has not gone into the veracity of the assertions made in the writ petition nor it has adjudicated the claim of the petitioner on merits. It is for the competent authority to do so after independent application of mind and strictly in accordance with law.

With the aforesaid direction, the writ petition is finally disposed of."

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