Mohd. Firoz Vs Praveen Kumar Tiwari, District Basic… — Contempt of Court | Allahabad HC (2020)

Mohd. Firoz Vs Praveen Kumar Tiwari, District Basic… — Contempt of Court | Allahabad HC (2020)

What the court decided

AI extract

Outcome

One more opportunity of six weeks afforded to the opposite party to comply with the writ Court's order dated 10.2.2020; contempt application disposed of at this stage with liberty to the applicant to move a fresh application in case of non-compliance within the stipulated time.

Issue for consideration

Whether the opposite party committed civil contempt by wilfully failing to comply with the writ Court's order dated 10.2.2020 in Writ A No. 2216 of 2020, so as to be liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

Court's answer

Prima facie a case of contempt has been made out against the opposite party.

Ratio / Principle

Considering the facts and circumstances of the case, one more opportunity of six weeks from the date of production of a copy of the order was afforded to the opposite party to comply with the writ Court's order dated 10.2.2020.

Key takeaways

The contempt application is disposed of at this stage with liberty to the applicant to move a fresh application if the writ Court's order is not complied with by the opposite party within the stipulated time.ratio¶12

Detailed headnote1 paragraphs

Contempt of Courts Act, 1971, S. 12 — Civil contempt — Alleged wilful non-compliance of order dated 10.2.2020 passed in Writ A No. 2216 of 2020, whereby respondent no.3 was directed to decide the applicant-petitioner's representation dated 3.12.2019 strictly in accordance with law, preferably within eight weeks — Opposite party is the District Basic Education Officer — Court found prima facie a case of contempt made out, but considering the facts and circumstances, afforded the opposite party one more opportunity of six weeks from production of a copy of the order to comply with the writ Court's directions — Contempt application disposed of at this stage with liberty to the applicant to move a fresh application if the order is not complied with within the stipulated time — Directions issued for service of the order on the opposite party through registered/self-addressed envelopes and for verification of the computer-generated copy of the order from the official website of High Court Allahabad.

Court No. - 71

Case :- CONTEMPT APPLICATION (CIVIL) No. - 2412 of 2020

Applicant :- Mohd. Firoz Opposite Party :- Praveen Kumar Tiwari, District Basic Education Officer Counsel for Applicant :- Ali Hasan,Istiyaq Ali

Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the applicant.

By order dated 10.2.2020 passed in Writ A No. 2216 of 2020 filed by the applicant, this Court directed as under:

"In view of the aforesaid and without expressing any opinion on the merits of the claim of the petitioner and with the consent of the learned counsel for the parties, this writ petition is disposed of directing the respondent no.3 to decide the representation of the petitioner strictly in accordance with law, expeditiously, preferably within eight weeks from the date of presentation of a certified copy of this order along with a copy of the representation dated 3.12.2019. "

Learned counsel for the applicant submits 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 writ Court within six weeks from the date of production of a 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 a week from today. The office shall send a copy of this order along with the selfaddressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.

The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the selfaddressed envelope 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.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

The concerned Court/Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 16.12.2020 A.K.Srivastava