KM. ARTI v. ASHISH KUMAR PANDEY, PRESENTLY POSTED AS DISTRICT BASIC EDUCATION OFFICER
CAPL/1680/2025 · 2025-04-15
Piyush Agrawal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42161 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42161 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:55634 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1680 of 2025 Applicant :- Km. Arti Opposite Party :- Ashish Kumar Pandey, Presently Posted As District Basic Education Officer Counsel for Applicant :- Suneel Kumar Yadav Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 08.02.2024 passed in Writ A No. 9912/2019 filed by the applicant, the writ Court directed as under:
"Since Writ-A No.9962 of 2019 has been allowed and the District Basic Education Officer, Firozabad has been directed to pass fresh order therefore, in view of the agreement between the counsels representing all the parties, order dated 25.7.2023 passed by the District Basic Education Officer, Firozabad, which is impugned in Writ-A No.13689 of 2023, is also quashed and a direction is issued to the District Basic Education Officer, Firozabad that he while deciding the matter afresh shall also afford opportunity of hearing to Mr. Uma Shankar and shall consider his claim. Writ-A No.13689 of 2023 is also allowed. "
Learned counsel for the applicant submits that a certified copy of the aforesaid
order was submitted for compliance before the opposite party on 16.02.2024, 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 two months 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 one week from today. The office shall send a copy of this order along with the self-addressed 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 him 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 party within the stipulated time as aforementioned.
Order Date :- 16.4.2025 Amit Mishra Digitally signed by :- AMIT KUMAR MISHRA High Court of Judicature at Allahabad