You should wait for lockdown to be over 

2) HC vacations are being cancelled and courts would work during vacations 

3) you can then file contempt petition 

See you can file a petition though it's on court to grant you urgency in case urgency is not granted you have to wait till the lockdown is over and once the lockdown is over you can go ahead with the petition see this is pandemic situation this cannot go for much time things will come to normal soon so accordingly your matter can be filed.

Contempt can be file but will not list for hearing. 

Better send legal notice. Even after sending legal notice, joining not given, court will dealt with the concen officer sternly.

Willful disobedience of court order may result in conviction of delinquent officer and compensation to from from his salary. Also request the court that your appointment shall be with notional benefit.

Send legal notice.

1. Yes, since the state has been failing to comply as per the direction of the court on repeated occasions it is a fit case where you would remedy after fling the writ petition.

2. Check in your state whether contempt petition is allowed to be filed online or not. if not then wait till lifting of lock down after which you can surety get redressed y filing the contempt petition 

3. Act accordingly. Good luck.

Yes you can file the same but it will only be entertained if it's under urgent matter

Hi

Contempt petition cannot be filed in lockdown. 

Also after lockdown donot file contempt petition,  rather you file an execution petition and after that if required than go for contempt petition 

The writ appeal was decided in your favour. You must have given some representation to the department. The time period given to the department to decide your representation has expired. A contempt application should be filed immediately because from the date when the contempt starts you have only 1 year to file it. You should file it and maybe it will be heard after the court opens.

1. Due to lockdown the High Courts across the country are hearing only urgent cases and not regular cases. Your case is not urgent by any stretch of the imagination.

2. In a similar case where a litigant filed a contempt petition in the Bombay HC during lockdown when the matter was not urgent, the HC dismissed his request for listing with costs.

Brief Fact: Divison Bench of Hon'ble MP High Court has passed an order for deciding your candidature within 60 days from date of order.

Issue: You want to file a contempt petition but due to COVID19 high court guidelines contempt petition could not be filed.

Opinion: As per the high court's guidelines (https://mphc.gov.in/PDF/web_pdf/LU/CamScanner%[deleted]%2015.03.12.pdf) only matters having extreme urgency would be heard after due consideration of Hon'ble Chief Justice. 

It is also noteworthy covid19 period will suspended from compliance period.

If you share link of order passed by Hon'ble High Court exact things can be calculated and can be examined whether any emergency can be drawn out of it.

Dear Sir,

You are suggested that you get prepared, prepare the contempt petition and file in the court as and when court opens. The opinion expressed by your lawyer is correct and you may adhere to it. 

If your lawyer is able to draft your contempt application showing the urgency in it, Court will surely entertain it. Since the relief sought by you will become infructuous in case your candidature is not decided; and your matter remains pending like this, I think there is reasonable urgency in this matter. Request him to file your case. 

Respected sir...

You are right at your part and court will definitely make decision in your favour in near future but yes have trust on your advocate he is advising you rightly and only urgent matters are being listed in High court and contempt petition does not comes under the list of urgent matters so you have to wait for further court order for opening of court ......

Thank you

- The Supreme Court has issued guidelines for the functioning of courts through video conferencing during the COVID-19 pandemic, specially for urgent matters.

- However , during the lock down , Interesting cases have come up for hearing in high courts and the Supreme like , 

Kerala resident N Prakash moved the high court via video conferencing on April 4 seeking permission to travel for purchasing food for his cats and further High Court  heard him  via video conferencing on April 6 and allowed his plea noting that animals also have the right to life as laid down in a 2014 Supreme Court judgment and refereed to Constitution’s article 51 A (g), which says it shall be the duty of every citizen to protect forests, lakes, rivers and wildlife, and to have compassion for living creatures.

- In my view , you are also having the urgency , as delay in deciding candidature or issuing appointment letters acts as a dampener on the enthusiasm of the candidates, especially more promising ones, from entering government jobs.

- Hence, you can file the contempt petition even during the lock down , and if HC not listen on urgency basis , then also you will be given a suitable time to heard the same. 

- However, you are also suggested to issue a legal notice to the cooperative department , after narrating the facts , and the date of expiration of the said direction , and thereby mention that you are going to approach the High court after filing a contempt petition for the non compliance of the order/direction. 

Good luck and dont forget to rating Positively. 

First of all you must ensure whether contempt petition is maintainable or not because without exhausting the further legal process, it would be a hasty decision to file a contempt petition.

you can file an execution petition to execute the court order against the cooperative department to execute the judgment passed in the writ petition as well as the writ appeal in your favor.

No doubt since the courts are closed due to lock down and the normal cases are not entertained and only emergency cases are taken up, you can file an affidavit along with your execution petition venting out your grievances and convince court to initiate action on the execution petition expeditiously.

However since it involves both the sides, the opposite party may prefer not to file his counter at least till such time the lock down is lifted and the courts return to normalcy.

In that case you may not be able to initite any action in furtherance other than wait for the time to answer.

Your advocate is right you cannot file contempt petition till lockdown is under force as it doesn't come under the definition of urgent cases.

In view of the inconvenience to be faced by the lawyers, litigant etc. in physically attending court proceeding due to lockdown, court proceeding of extreme urgent matters shall be conducted via video-conferencing. 

Ans: If the HC registry is allowing you to file the contempt petition by way of e-filing then you may proceed and file the same online. 

Your Advocate is correct.

Only urgent matters like Bails & Injunctions are being taken up court through video conferencing.

You have to wait till the lock down is lifted and courts reopen and start functioning.

Further, direction is given cancelling summer vacation to the courts, as such, there is likelihood of courts resuming work shortly.

You can file your contempt application immediately upon courts resuming work after lock down.

1. As per the information mentioned in the present query, makes it clear that you can very well file the contempt petition even in the lockdown as there is urgency in your case though if registry deny then you can use the same period as period for relaxation in future if department don’t wish to extend the time duration for you.
2. I would like to apprise you that you can file and contest the case for sure.
3. It may be the case that you can file and contest the case by your own if your advocate is not supporting you.
4. It just that you may need a draft of the contempt petition and help for online filing during lockdown.

Notification will by high court to resume court working when situation will normalise. 

Even after sending legal notice, no action, will confer will ful contempt of court.

Yes, do so.

Normalisation of court functioning will depend on the orders passed on that regard by the Chief Justice of the concerned court.

Normal hearing would start only when extended lock down is lifted 

Dear Sir,

As per the notifications issued by High Court, there is no summer vacation this year and the courts will work during Jun also. The normal functioning of courts will be also announced by the govt/court keeping in view the situation created by present pandemic. Till then you are suggested to be ready with the legal notice and other formalities. 

The courts will return to normalcy and reopen for its normal functioning only after the lock down is fully lifted.

There is no legal infirmity in issuing the legal notice to the cooperative department as proposed by you at this stage also. 

1. Normal functioning will resume most likely in June. 

2. You are free to serve notice.

- By the end of this lock down , all the high courts are expected to start its normal hearing , as Supreme Court of India has already directed for the same after adopting the Shifting method .

No date for normal hearing can be predicted as of now, though once high court lasses any such notification you may file the petition.

It depends on state to state pandemic conditions. Hc is only working for urgent matters

No one can predict that when will the courts operate normally.

Every thing is effected due to this pandemic 

The limitation of all the cases are automatically extended for 15 days from the date of reopening of all courts across the country,  hence you need not be worried on that count. 

Period of limitation would be extended for period of lock down 

2) you can take out contempt of court proceedings after lifting  of lock down period 

1. High Courts will reopen to hear all cases soon. There cannot be a perpetual judicial lockdown.

2. The limitation period to file the cases has been extended across the country by the Supreme Court.

3. Surely, your case does not fall in urgent category.

You can apply in urgent ground. If not considered there is no other way than waiting

If the courts are not operational till the time period is completed than you will automatically get the time relaxation for filing the contempt, don`t worry

See firstly the court will increase the limitation period secondly you can citing urgency file petition before the high court in case urgency is accepted your matter can be heard through video conferencing.

Limitation to file all kind of case, application is on stay . You can file after lock down 

Supreme Court extends limitation period for filing petitions/applications/suits/appeals.

1. Sir these are the rules of limitation which can be allowed if a sufficient cause has been shown.
2. And also during lockdown, all limitation period will get extended as the court is considered to be closed and then court is closed then no limitation hit.
3. And yes, by giving the same ground of limitation only your matter man be listed too.

Yes you can file petition in lockdown along with application showing utmost urgency.

Dear Sir,

Your anxiety and urgency is well understood. But, you may file the petition when the court opens. 

Likely time is going to be some time during end of June, 2020.

Further, it depends on the effect of Pandemic.  

You are doing your obligation, keep record of the same, it will support your case.

Since the courts are not functioning, you can file your application / case immediately on the first day of working when the courts become fully operational.

Even if it is after 20.06.2020, no problem, it will be taken-up, more particularly, you have performed your obligation of sending notice to your counter part, as such, it is valid.

Dear Sir,

The lock down period will be given exception in calculating limitation of one year. You have to file it immediately and be informed that many advocates are not in favor of filing such contempt cases. Choose daring advocate. 

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1. A High Courtshall have jurisdiction to inquire into or try a contemptof itself or of any court subordinate to it, whether the contempt is alleged to have been committed within or outside the local limits of its jurisdiction, and whether the person alleged to be guilty of contempt is within or outside such limits.
2. 
   12. Punishment for contempt of court- (1) Save as otherwise expressly provided in this Actor in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

Section 11 in the Contempt of Courts Act, 1971

1. Power of High Court to try offences committed or offenders found outside jurisdiction.—A High Court shall have jurisdiction to inquire into or try a contempt of itself or of any court subordinate to it, whether the contempt is alleged to have been committed within or outside the local limits of its jurisdiction, and whether the person alleged to be guilty of contempt is within or outside such limits. —A High Court shall have jurisdiction to inquire into or try a contempt of itself or of any court subordinate to it, whether the contempt is alleged to have been committed within or outside the local limits of its jurisdiction, and whether the person alleged to be guilty of contempt is within or outside such limits."

Section 12 in the Contempt of Courts Act, 1971

1. Punishment for contempt of court.—

(1) Save as otherwise expressly provided in this Act or in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both: —(1) Save as otherwise expressly provided in this Act or in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both\:" Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court. Explanation.—An apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide.

(2) Notwithstanding anything contained in any other law for the time being in force, no court shall impose a sentence in excess of that specified in sub-section (1) for any contempt either in respect of itself or of a court subordinate to it.

(3) Notwithstanding anything contained in this section, where a person is found guilty of a civil contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it may think fit.

(4) Where the person found guilty of contempt of court in respect of any undertaking given to a court is a company, every person who, at the time the contempt was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of each such person: Provided that nothing contained in this sub-section shall render any such person liable to such punishment if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission.

(5) Notwithstanding anything contained in sub-section (4), where the contempt of court referred to therein has been committed by a company and it is proved that the contempt has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of such director, manager, secretary or other officer. Explanation.—For the purposes of sub-sections (4) and (5),—

(a) “company” means any body corporate and includes a firm or other association of individuals; and

(b) “director”, in relation to a firm, means a partner in the firm.

- As per latest direction from the Supreme court , all courts of India going to start its work by the end of this lockdown, and there will be no holiday in the month of June this year. 

- However , you should move your application for contempt on the urgent basis , and to get a short date of hearing.

- The period of lockdown for covid-19 would be not counted for limitation period . 

The MP HIGH COURT must have issued notices for functioning of the court during the lockdown through video conferencing and afterwards too. Contact a lawyer to know about it better.

The limitation has been waived off by the supreme court in case people are not able to file cases. Don't worry.

The high court must be entertaining petitions through video conferencing.