Vijay Lal Kushwaha vs Sri Kinjal Singh

Court No. - 10

Case :- CONTEMPT APPLICATION (CIVIL) No. - 5239 of 2019 Applicant :- Vijay Lal Kushwaha Opposite Party :- Sri. Kinjal Singh, Vice Chairman Kanpur Development Authority Counsel for Applicant :- Satyendra Narayan Singh,Pankaj Kumar Mishra

Hon'ble Mahesh Chandra Tripathi,J.

The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 23.07.2019 passed in Writ-A No.10052 of 2019 (Vijay Lal Kushwaha v. State of U.P. & Anr.), which for ready reference is quoted as under:-

"Heard learned counsel for the parties and perused the record.

The present writ petition is directed against the suspension order dated 23.1.2019, wherein the allegations against the petitioner are of making statement in "Media" against the interest of the Development Authority and posting pamphlets in the precincts of its office.

On instructions, Sri Vibhu Rai, learned counsel for the respondent informed that a charge sheet dated 15.7.2019 has been served on the petitioner on 19.7.2019. The submission is that since the disciplinary enquiry has been initiated in continuation of the suspension order of the petitioner, no relief can be granted in the present writ petition.

Considering the material on record, it is clear that the petitioner has been kept under suspension for a period of six months on the vague allegation of making false statement in "Media" and pasting posters in the precincts of the Kanpur Development Authority, Kanpur. Only after the petitioner had approached this Court by filing the present writ petition and instructions were called to indicate the status of the disciplinary enquiry vide order of this Court dated 9.7.2019, the charge sheet dated 15.7.2019 had been served on the petitioner.

This fact is sufficient to prove that the petitioner has been kept under suspension without any plausible reason for approximately six months.

In the said scenario, looking to the allegations in the suspension order, while reinstating the petitioner with immediate effect, it is provided that the disciplinary proceeding already initiated, shall be concluded within the shortest possible time, preferably, within a period of one month from today.

The petitioner is under obligation to cooperate in the departmental enquiry and in case of any non-cooperation on his part, it would be open for the enquiry officer to proceed exparte.

It goes without saying that for the period of suspension, the respondents are liable to pay subsistence allowance subject to the requisite conditions being fulfilled by the petitioner.

Subject to the above observations and directions, the writ petition is disposed of."

It is reflected from the record 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 one month 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 one week 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 :- 16.8.2019 SP/