S K DASGUPTA Vs. VIJAY SINGH SENGAR

JUDGEMENT

(1.) These appeals arise out of a contempt petition wherein a Single Judge of the Madhya Pradesh High Court, Gwalior Bench, in his order dated 1st April, 2003 has ordered an enquiry against some officials and members of the M.P. State Electricity Board by the Central Bureau of Investigation and arrayed some senior Members of the Board and others as contemners as well.

(2.) The facts are as under:

(3.) The matter was thereafter adjourned time and again to see if the directions given by the Court from time to time were effectively complied with. It was also observed during the course of the proceedings before the Indore Bench that the Court could not be a mere spectator to the miseries being felt by the public and that the arguments made on behalf of the staff, Board and State agencies that the Court could not interfere in policy matters, could be ignored as it was the bounden duty of the Court to ensure the welfare of the State citizens. The Court accordingly observed that it appeared that the officials of the Electricity Board and the Regulatory Commission were not serious in implementing the directions of the Court and they were prima facie guilty of having committed contempt of Court. Contempt notices were accordingly issued on 26th March, 2003. The officers of the Board appeared before the Court and pointed out that the situation was beyond their control but they were sternly warned that any further neglect of the Court's orders would be viewed seriously. The Court also felt that the Court's direction to the concerned officer that if a power cut could not be avoided they were to intimate to the Registrar of the Court (as to why the power cuts had been imposed) had been flouted and the Courts interference was thus essential on which further directions were issued on Ist April, 2003 in the following terms