SURINDER PAL SINGH Vs. UOI

JUDGEMENT

(1.) VIDE judgment dated 21st August 2001, the Division Bench of this Court had given the following directions:

(2.) THE petitioner filed this contempt petition that he was not being supplied the copies of statements recorded under Section 108 of the Customs Act despite representations and was given a certificate of non availability of documents certificate before the inquiry officer. The certificate was issued by the Commissioner of Customs. The said certificate was annexed as Annexure-A-6. It is stated that there was intentional non compliance of the order of the Court and, therefore, the respondent should be punished for its conduct.

(3.) IT is an undisputed fact that the inquiry officer had written to the disciplinary authorities that the plea taken by the petitioner was that the pre-recorded statements of witnesses were not being supplied to him and due to non providing of all these pre-recorded statements, the inquiry was getting delayed and the disciplinary authorities may face consequence of contempts of court. This letter was written by the inquiry officer on 25th January 2002. On 4th january 2002, the inquiry officer passed an order that the PO shall make all efforts to procure additional documents sought by the petitioner. If any of the documents was not available, a non availability certificate shall be issued.