Allahabad High Court
ASHOK KUMAR PANDEYversusDINESH SINGH, DY. DIRECTOR OF EDUCATION (SECONDARY) / INCHARGE JOINT DIRECTOR OF EDUCATION AND ANOT
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court found a prima facie case of contempt but deferred proceedings by granting the opposite party three months to comply and disposing of the application for the time being.
Summary
The applicant, Ashok Kumar Pandey, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party wilfully disobeyed the High Court's order dated 04‑07‑2025 in Writ Petition No.7203 of 2019. The order had been served on the opposite party on 15‑07‑2025, but compliance had not been achieved. The Court found a prima facie case of contempt but, instead of issuing a notice, granted the opposite party an additional three months to comply and prescribed procedural steps for serving the order. The applicant was directed to provide stamped envelopes for service, and the Court’s office was instructed to forward the order to the opposite party. The opposite party was ordered to comply and inform the applicant within a week of receipt. The Court held that if compliance is not achieved, the applicant may approach the Court again, and the contempt application was disposed of at this stage.
Issues considered
- Whether the opposite party's failure to comply with the order constitutes contempt of court under Section 12 of the Contempt of Courts Act.
- Whether a notice should be issued before proceeding with contempt proceedings.
- Whether the Court may grant additional time for compliance instead of immediate contempt sanction.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- compliance order
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2680 of 2026
Ashok Kumar Pandey
.....Applicant(s)
Versus
Dinesh Singh, Dy. Director Of Education
(Secondary) / Incharge Joint Director Of Education
And Another .....Opposite
Party(s)
Counsel for Applicant(s) : Madhu Kumar Ram, P.K. Upadhyay
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Heard learned counsel for the applicant.
2. The present contempt application has been filed under Section 12 of the
Contempt of Courts Act for punishing the Opposite Party for willful
disobedience of the judgment and order dated 04.07.2025 passed by this
Court in Writ Petition No.7203 of 2019.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 04.07.2025. Copy of the said order was served to the
opposite party through registered post on 15.07.2025, but the said direction
has not been complied with by the opposite party till date.
4. Prima facie, a case has been made out for punishing the opposite party for
willful disobedience of the judgment and order passed in the aforesaid writ
petition.
5. However, no notice is issued to the opposite party at this stage. The
opposite party is granted three months’ further time to comply with the order
dated 04.07.2025 passed by this Court in Writ Petition No.7203 of 2019
from the date of production of a certified copy of this order.
6. The applicant shall supply a duly stamped registered envelope addressed
to the opposite party and another self-addressed envelope to the office within
one week from today. The office shall send a copy of this order along with
CAPL No. 2680 of 2026
2
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.
7. The opposite party shall comply with the directions of the writ court and
intimate the applicant the order through the self-addressed envelop within a
week thereafter.
8. In case, the opposite party does not comply with the order, it would be
open to the applicant to approach this court again.
9. With the aforesaid observations, this application is finally disposed of at
this stage.
(Rohit Ranjan Agarwal,J.)
April 23, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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