Allahabad High Court
GIRISH CHANDRA DUBEYversusDR. PAWAN KUMAR ARUN, DIRECTOR GENERAL MEDICAL & HEALTH SERVICES, SWASTHYA BHAWAN AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that while a prima facie case of contempt exists, the opposite party is granted three months to comply with the order before any contempt proceedings can proceed.
Summary
The applicant, Girish Chandra Dubey, filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the High Court's order dated 20‑11‑2025 in Writ Petition No. 18928 of 2014. The order had been served on the opposite party on 27‑11‑2025, but the applicant claimed it remained unimplemented. The Court found a prima facie case for contempt but, instead of issuing notice, granted the opposite party an additional three months to comply with the order. The Court directed the applicant to provide stamped envelopes for service of the order and contempt application, and instructed the Court office to forward these to the opposite party. The opposite party was required to comply and inform the applicant within a week thereafter, failing which the applicant may approach the Court again. The application was disposed of at this stage pending compliance.
Issues considered
- Whether the opposite party's failure to comply with the order dated 20‑11‑2025 constitutes willful disobedience punishable under Section 12 of the Contempt of Courts Act.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- order compliance
- High Court of Allahabad
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2782 of 2026
Girish Chandra Dubey
.....Applicant(s)
Versus
Dr. Pawan Kumar Arun, Director General Medical
& Health Services, Swasthya Bhawan And Another .....Opposite
Party(s)
Counsel for Applicant(s) : Jitdendra Kumar Shukla
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 20.11.2025 passed by this
Court in Writ Petition No. 18928 of 2014.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
20.11.2025. Copy of the order of writ Court was served upon opposite
party on 27.11.2025 personally, but according to the applicant, the said
order 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 20.11.2025 passed by this Court in Writ Petition No. 18928 of
2014 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 two weeks 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.
CAPL No. 2782 of 2026
2
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.)
May 6, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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