KRIPLANI M. Vs. BALAKRISHNA S.

JUDGEMENT

(1.) On a grievance that the orders of this court dtd. 4/2/2020, passed in W.P.No.2549/2020; the order dtd. 8/10/2021, passed in W.A.No.221/2020; and the assurance/undertaking given in CCC No.219/2022 dtd. 17/6/2022, are not duly complied with, the present contempt petition is filed.

(2.) Our attention is invited to the orders of this court, firstly, the order passed by learned Single Judge dtd. 4/2/2020 in W.P.No.2549/2020, placed on record at Annexure-A. The sum and substance of the order is that the petitioner/complainant had submitted a representation to the authority. The representation was pending before the authority. The learned Single Judge directed the authority to decide the representation by granting an opportunity of personal hearing to the petitioner. Being aggrieved by the order of learned Single Judge, a writ appeal was filed before this court at the instance of the respondents. The Division Bench of this court was pleased to dispose of the writ appeal. The Division Bench was pleased to observe that the direction issued by the learned Single Judge would not cause any prejudice to the respondents. It was further observed that the authority may issue show-cause notice to proceed with the adjudication, if they so desire and the appeal was disposed of. It was the grievance of the complainant that as the said order was not complied with, a civil contempt petition in CCC No.219/2022 was filed in this court. In the said contempt, it was submitted before this court by the respondents that though notice was issued to the petitioner/complainant to appear before the authority personally, he has not appeared personally before the accused and as such, no decision could be taken on the representation. The authority also submitted before this court that in case the complainant appears before the adjudicating authority, appropriate decision would be taken on the representation of the complainant, as directed by the writ court, within the stipulated period of two weeks. The Division Bench of this court found that there was no willful disobedience or non-compliance of the writ court's directions. The accused were in process of complying the writ court's direction. By observing that the accused shall comply the directions without any further delay, the said contempt petition was disposed of vide order dtd. 17/6/2022.

(3.) The accused issued notice to the complainant on 21/6/2022, calling upon the complainant for personal hearing scheduled on 18/7/2022 at 3.30 p.m. before the adjudicating officer. It was also informed to the complainant that the complainant is requested to confirm his attendance on or before 15/7/2022. The complainant appeared in person before the adjudicating officer on the scheduled date. The adjudicating authority passed an order dtd. 16/8/2022. Copy of the order is placed on record at Annexure-J.