NEERAJA MEHRA Vs. RAKESH MEHTA

JUDGEMENT

(1.) By judgment and order dated 25th May, 2007, I had convicted the respondent Sh. M.M. Dhayia for having committed contempt of this court on the finding that his conduct amounted to wilful and deliberate dis-obedience of Court's order. The matter was adjourned for hearing the contemner on the point of sentence. The petitioner as well as the contemner's counsel were heard on 9th July, 2007.

(2.) The contemner filed an affidavit on 6.7.2007 tendering his unqualified and sincere apology to the Court. He deposed about his blemishless 20 years record of service in the MCD and also alluded to repeated outstanding ratings given by his superior authorities. He further deposed that on 7.4.2006, MCD dispensed with his services along with those of 17 other Executive Engineers without following any departmental proceedings.

(3.) Learned counsel appearing on behalf of the contemner submitted that the apology tendered to the Court is unconditional and worthy of acceptance. It was submitted that the contemner's transgressions were not of such a magnitude as to impel this Court to punish him a prison term, or impose fine. Learned counsel adverted to proviso to Section 12(1) of the Contempt of Courts Act, 1971. That provision enables the Court to discharge an accused or remit the punishment awarded on apology being made to the satisfaction of the Court. Counsel also relied on the explanation to Section 12(1) and submitted that such apologies need not be rejected even if they are conditional. It was submitted that in view of the unconditional apology and the repentance shown by the contemner the Court should adopt a lenient view. Reliance was placed upon the judgment reported as Chandan Mitra And Anr. in re: (Suo Motu Contempt Petition) 1998 (8) SCC 554 and State of Haryana Vs. Nauratta Singh And Ors. 2000(3) SCC 513.