ANUJ MAHESHWARI Vs. RAMESH YADAV ANOTHER

JUDGEMENT

(1.) The following orders adequately explain the circumstances in which a suo motu contempt notice was issued to Mrs. Sumita Kandpal, Principal Secretary of the Medical Health, Family Welfare and Medical Education Department, Government of Uttar Pradesh.

(2.) Mrs. Sumita Kandpal has now filed an affidavit dated 4th April, 1997. She reiterates therein the unqualified apology tendered in her earlier affidavit dated 27th February, 1997. She states that on receiving the order of this Court dated 27th January, 1997, she ensured full and complete compliance thereof on the next day. In view of her official programme to attend a conference in the United States of America, which had already been finalised, she consulted the then Additional Advocate General, U. P., Shri G.K. Mehrotra. She was advised by him that she could go to the United States "as the order of this Honourable Court has been complied with and in view of the affidavit for exemption sworn on 6-2-97, as per legal advice given. The deponent admits that there has been an error on her part in not ascertaining from her counsel as to whether the affidavit of exemption had been filed and presented before this Hon'ble Court with prayer for exemption and whether this Hon'ble Court has been pleased to pass an order exempting the deponent from appearance on 10-2-1997. The deponent expresses her deep regret and apology for this error .........The mistake on her part was on account of legal advice she received and which she bona fide believed to be correct." Her affidavit states that Mrs. Kandpal is a senior IAS officer with an excellent and clean service record.

(3.) Learned counsel appearing for Mrs. Kandpal reiterated the unqualified apology contained in her affidavit. He drew attention to the circumstances in which Mrs. Kandpal was not present in Court on 10th February, 1997. He submitted that the lapse was unintentional and due to erroneous legal advice. He asked this Court magnanimously to accept the unqualified apology Mrs. Kandpal had tendered.