VIRENDRA KUMAR BANGA Vs. SUDHAKAR CHANDOLA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS contempt petition has been filed by the petitioner against the respondent for violating the order dated 15.07.209 passed in Special Appeal No.133 of 2009, Vinod Kumar Banga vs State of Uttarakhand & others. Division Bench of this Court passed an order on 15.07.2009 in Special Appeal No.133 of 2009 by which opportunity was given to the respondents to proceed afresh in the matter. By that order, the Division Bench of this Court directed the respondents to give show cause notice to the petitioner within a period of four weeks from that day and the petitioner was given three weeks time to submit his reply. It was also directed by the order that the respondents will decide the issue on its merits and in accordance with law after giving an opportunity of personal hearing to the petitioner/appellant or his representative. In compliance of the order passed by this Court on 15.07.2009, the competitive authority i.e. Assistant Regional Transport Officer (Administration) Dhalwala, Rishikesh District- Dehradun gave a show cause notice to the petitioner on 20.07.2009. By the said notice A.R.T.O. Rishikesh directed the petitioner to deposit ` 1,30,063/- within a period of one week from the date of notice, ignoring the fact that this Court vide order dated 15.07.2009 permitted the petitioner to give reply to the show cause notice within a period of three weeks. Such order could not have passed and it appears that same was in violation of the order passed by this Court on 15.07.2009. But that order was not passed by present respondent and, infact, was passed by another person who has already been transferred. The petitioner has not impleaded that person as party, therefore, contempt notice can be issued to him.

(3.) IN view of the aforesaid, no further order is required to be passed. The contempt petition is dismissed. Contempt notice dated 29.09.2010 is hereby discharged. Misc. application no.9359 of 2010 stands disposed of accordingly.