MAHTRU Vs. R.P. RATHIA, DEPUTY SECRETARY

JUDGEMENT

(1.) Heard on IA No.1/2018, application for condonation of delay in filing the MCC for restoration of Contempt Case (C) No.141/2011 which arose from the order passed by this Court in WPS No.3104/2008, decided on 1st July, 2008.

(2.) Facts of the case, in brief, are that the applicant had filed the Contempt Case No.141/2011 on 19th April, 2011. The said matter was listed for hearing on 30/10/2013. On the said date, the matter was called twice, but no-one appeared. Therefore, the petition was dismissed reserving liberty in favour of the applicant to take appropriate steps, if so advised.

(3.) Learned counsel for the petitioner would submit that the petitioner was not aware about the dismissal of the petition and was under impression that the contempt petition is still pending for consideration. He came to know about dismissal of the contempt petition when he approached for filing the application for urgent hearing and the Registry had informed that the matter has already been dismissed vide order dtd. 30/10/2013. Thereafter he applied for getting the certified copy of the order and the same has been received on 8/2/2018. After receiving the certified copy of the order, the applicant had taken advise about restoration of the case. The applicant is aged about 77 years and had retired way back on 31st August, 2000 and is not getting any pension. His earlier counsel did not inform him about dismissal of the petition, therefore, he prays for restoration of the MCC.