Smt Rita Tripathi Vs Sri Pratap Singh Baghel, Sachiv… — Contempt of Court | Allahabad HC (2022)

Smt Rita Tripathi Vs Sri Pratap Singh Baghel, Sachiv… — Contempt of Court | Allahabad HC (2022)

What the court decided

AI extract

Outcome

Application finally disposed of at this stage: no notice issued to opposite party nos. 1 and 2; they are granted three months' further time from production of a certified copy of the order to comply with the writ court order dated 02.09.2021; applicant to supply stamped registered and self-addressed envelopes within one week for service of the order; liberty reserved to the applicant to approach the Court again in case of non-compliance.

Issue for consideration

Whether a case exists for punishing opposite party nos. 1 and 2 for willful disobedience of the judgment and order dated 02.09.2021 passed in Writ Petition No. 10260 of 2021.

Ratio / Principle

Prima facie, a case has been made out for punishing opposite party nos. 1 and 2 for willful disobedience of the judgment and order dated 02.09.2021 passed in the writ petition.

Key takeaways

No notice is issued to the opposite party nos. 1 and 2 at this stage.ratio¶¶9
The opposite party nos. 1 and 2 are granted three months' further time, from the date of production of a certified copy of this order, to comply with the order dated 02.09.2021 passed in Writ Petition No. 10260 of 2021.ratio¶¶9
The applicant shall supply a duly stamped registered envelope addressed to the opposite party nos. 1 and 2 and another self-addressed envelope to the office within one week; the office shall thereafter send a copy of this order with the contempt application to the opposite parties and keep a record thereof.

Detailed headnote1 paragraphs

Contempt application under Section 12 of the Contempt of Courts Act by Smt Rita Tripathi seeking punishment of opposite party nos. 1 and 2 (including Sri Pratap Singh Baghel, Sachiv, Basic Siksha) for alleged willful disobedience of the judgment and orders dated 02.09.2021 and 06.09.2021 in Writ Petition No. 10260 of 2021, whereby the writ court had directed fresh consideration of her application arising from a transfer from Kannauj to Kanpur; her representation sent by registered post on 23.10.2021 was allegedly left unattended. The Court found a prima facie case of willful disobedience but issued no notice at this stage, instead granting the opposite parties three months' further time (from production of a certified copy of the order) to comply with the writ court order, with directions for service of the order through envelopes supplied by the applicant, and liberty to the applicant to approach the Court again upon continued non-compliance. Application finally disposed of at this stage (Order Date 5.1.2022, Agarwal, J.).

Court No. - 10

Case :- CONTEMPT APPLICATION (CIVIL) No. - 5557 of 2021

Applicant :- Smt Rita Tripathi Opposite Party :- Sri Pratap Singh Baghel, Sachiv, Basic Siksha And Another Counsel for Applicant :- Pradip Kumar Srivastava

Hon'ble Rohit Ranjan Agarwal,J.

Heard learned counsel for the applicant.

The present contempt application has been filed under Section 12 of the Contempt of Courts Act for punishing the opposite part nos. 1 and 2 for willful disobedience of the judgment and orders dated 02.09.2021 and 06.09.2021 passed by this Court in Writ Petition No. 10260 of 2021.

It is contended that applicant was transferred from Kannauj to Kanpur. The said transfer order was challenged in Writ-A No. 10260 of 2021. This Court on 02.09.2021 while disposing of the writ petition directed the authorities to decide the application of the applicant afresh. Pursuant to which, an application was moved by registered post by applicant on 23.10.2021 which till date has remained unattended.

Prima facie , a case has been made out for punishing the opposite party nos. 1 and 2 for willful disobedience of the judgment and order dated 02.09.2021 passed in the aforesaid writ petition.

However, no notice is issued to the opposite party nos. 1 and 2 at this stage. The opposite party nos. 1 and 2 are granted three months further time to comply with the order dated 02.09.2021 passed by this Court in Writ Petition No. 10260 of 2021 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 nos. 1 and 2 and another selfaddressed envelope to the office within one 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 nos. 1 and 2 within one week thereafter and keep a record thereof.

The opposite party nos. 1 and 2 shall comply with the directions of the writ Court and intimate the applicant the order through

the self-addressed envelop within a week thereafter.

In case, the opposite party nos. 1 and 2 do not comply with the order, it would be open to the applicant to approach this Court again.

With the aforesaid observations, this application is finally disposed of at this stage.

Order Date :- 5.1.2022 V.S.Singh