R.A. Misra, J. - (1.) HEARD learned Counsel for the Petitioner. This Court in Writ Petition No. 10373 of 81 passed the following order on 14th May 1985: In the circumstances the writ petition succeeds and is allowed. The impugned order of the Tribunal dated 14 -5 -81 (Annexure -5 to the writ petition) be quashed. The Respondent No. 1, The Nagar Mahapalika, Kanpur through its Administrator is directed to give appointments to the Petitioners, namely, Vinod Kumar Srivastava, Jaggi Lal, Deo Saran Misra, Pramod Kumar Pandey and Rajendra Prasad Trivedi in accordance with their seniority in the select list of 1976 as and when vacancy arises in the post of clerk Grade II. The Petitioners are entitled to their costs against the Nagar Mahapalika, Kanpur. The Petitioner has deposed in Para 5 of the Contempt Petition that the certified copy of the aforesaid order was received by him on 28th May 1985 and on 29th May 85 the applicant and other successful Petitioners approached the then Administrator and the opposite party who was at that time posted as Deputy Administrator in the Nagar Mahapalika Kanpur and is still posted in the same capacity. The applicant and other Petitioners of the Writ Petition personally handed over the application for being appointed in view of the judgment of the Hon'ble Court, to the then Administrator as well as the opposite party. The applicant also filed the aforesaid copy of the judgment of this Court before the opposite party as well as before the Administrator. In Para 6 it is deposed that after the decision of the Writ Petition vacancies fell in the post of Clerk Grade -II in the Nagar Mahapalika Kanpur but in spite of repeated reminders and representations the applicants have not been given any appointment. With these allegations this Contempt Petition has been moved with the prayer that proceedings for civil contempt be initiated against Sri Rama Shankar Nigam, Deputy Administrator, Kanpur Nagar Mahapalika, Motijhil, Kanpur.
(2.) THE question which arises for determination is whether the opposite party can be held guilty for not complying with the mandatory directions of this Court given on 14th May, 1985 in the aforesaid writ petition. This Court has given clear mandatory direction to the Respondent No. 1 of the aforesaid writ petition, Nagar Mahapalika, Kanpur, through its Administrator to appoint the Petitioners in accordance with their seniority in the select list of 1976 as and when vacancy arises in the post of Clerk Grade -II. This Court has, therefore, made it clear in its order that the Nagar Mahapalika is to act through its Administrator and comply with the directions. When court issues clear mandatory directions to one authority, then any other authority cannot be held guilty and punished (or disobedience of the directions. It is for that authority, who has been nominated by the Court to obey the mandatory directions in the manner as directed by the court. No option is left for the directions to be obeyed in any other manner. The mandatory directions are to be complied within the manner as directed by the Court and by the authority which is indicated in the order. In the instant case there is no direction in the least to the Deputy Administrator of Nagar Mahapalika for giving appointment to the Petitioners. The Deputy Administrator Sri Rama Shankar Nigam, therefore, cannot be held guilty for disobeying the directions even if the Administrator has not so far complied with the directions and has failed to give appointment to the Petitioners in the manner directed by the Court. In the result I see no substance in the Petitioners contention that proceedings for civil contempt be initiated against Sri Rama Shankar Nigam, Deputy Administrator, Kanpur Nagar Mahapalika for not obeying the directions of the Court which have been given to the Administrator. It is, however, still open to the Petitioner to move a petition for civil contempt against the Administrator who was actually to obey the directions, in case he has not obeyed the same so far.
(3.) WITH these observations the prayer for initiating proceedings for Civil contempt against Sri Rama Shankar Nigam, Deputy Administrator, Kanpur Nagar Mahapaiika is rejected.;