Disposed

Committee of Management Anglo Sanskrit Inter College and Another v. Mrs. Anuradha Shukla, Secretary of Education (Secondary)

Allahabad HC16 Mar 2020CAPL/1706/2020

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What is this about?

Application for initiating contempt proceedings against opposite parties for disobeying an order restoring clerical and class-IV posts. Court gave opposite parties a final chance to comply within four weeks.

What did the court decide?

Opposite parties granted four weeks to comply with the earlier court order intimating the applicant.

Committee of Management Anglo Sanskrit Inter College and… — Contempt of Court | Allahabad HC (2020)

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Court No. - 36

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1706 of 2020

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Applicant :- Committee Of Management Anglo Sanskrit Inter College And Another Opposite Party :- Mrs. Anuradha Shukla, Secretary Of Education (Secondary) Counsel for Applicant :- Pradeep Kumar

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Hon'ble Mahesh Chandra Tripathi,J.

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The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 17.10.2019 passed in Writ-C No.39608 of 2016 (Committee Of Management Anglo Sanskrit Inter College through its Manager And Another v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 17.10.2019 is quoted as under:-

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"7. In regard thereto, there is no dispute that as per the strength of the students in the Institution, the reduction of class-IV and clerical post was totally unjustified.

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8. Having due regard to the facts and circumstances of the case, impugned order dated 25/26 July 2016 passed by the first respondent, Secretary, Secondary Education, U.P. Government, Lucknow, is set aside and quashed. The writ petition is allowed with a direction to the first respondent, Secretary, Secondary Education, U.P. Government, Lucknow to restore the strength of clerical and class-IV post as it stood prior to the passing of the impugned order. It is expected that the first respondent, shall comply the order within six weeks from the date of filing of certified copy of this order."

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It is alleged in the affidavit filed alongwith 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.

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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 four weeks from the date of production of a certified copy of this order.

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The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed 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

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and keep a recorded thereof.

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The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the selfaddressed envelop within a week thereafter.

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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.

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Order Date :- 16.3.2020 A. Pandey

Committee of Management Anglo Sanskrit Inter College and Another v. Mrs. Anuradha Shukla, Secretary of Education (Secondary)

Case brief

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What did the court decide?

Committee of Management Anglo Sanskrit Inter College and Another v. Mrs. Anuradha Shukla, Secretary of Education (Secondary)

Case brief

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What did the court decide?

What the court decided

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