Disposed

Dr. Chhabi Johari v. Shri Ekeli Jhimomi, I.a.S., Secretary, Medical and Health Services U.P.

Allahabad HC19 Aug 2021CAPL/873/2021

Case brief

AI extract

What is this about?

Contempt application filed for failure to comply with earlier order granting leave. Court found prima facie case but granted opposite parties six weeks to comply instead of initiating proceedings immediately.

What did the court decide?

Time granted of six weeks to comply with the court order. Fresh application permitted if compliance fails.

Dr. Chhabi Johari Vs Shri Ekeli Jhimomi, I.a.S… — Contempt of Court | Allahabad HC (2021)

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Court No. - 4

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 873 of 2021

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Applicant :- Dr. Chhabi Johari Opposite Party :- Shri Ekeli Jhimomi, I.A.S., Secretary, Medical And Health Services U.P. Counsel for Applicant :- Ratnesh Kumar Pandey Counsel for Opposite Party :- S.C.

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Hon'ble Prakash Padia,J.

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List has been revised. Nobody is present on behalf of the applicant.

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The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the judgement and order dated 27.02.2020 passed in Writ Petition No.3176 of 2020, which for ready reference is quoted as under:-

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"Heard counsel for the petitioner, standing counsel for the State and perused the material on record.

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The petitioner claims that his application for sanction of leave of 247 days, is pending consideration before the respondent no.1 and in this regard a recommendation has already been made in favour of the petitioner.

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Considering the limited grievance of the petitioner, the present petition is disposed off with a direction upon the respondent no.1 to pass reasoned orders in accordance with law on the recommendation for the petitioner for sanction and grant of leave of 247 days, as expeditiously as possible preferably within a period of one month from the date of production of a certified copy of this order.

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The writ petition is disposed off in terms of the above said order. "

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Learned counsel for the applicant submits that a 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.

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It is stated in the affidavit filed in support of the contempt application that despite the fact that the aforesaid order is well within the knowledge of the opposite party but the same has not been complied with by him.

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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 six weeks from the date of production of a 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 stamped envelope to the office

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within two 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 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.

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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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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners 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.

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

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Order Date :- 19.8.2021 pks

Dr. Chhabi Johari v. Shri Ekeli Jhimomi, I.a.S., Secretary, Medical and Health Services U.P.

Case brief

What is this about?

What did the court decide?

Dr. Chhabi Johari v. Shri Ekeli Jhimomi, I.a.S., Secretary, Medical and Health Services U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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