NARESH CHANDRA KAPOOR Vs. O P S MALIK

JUDGEMENT

(1.) Two persons are facing these contempt proceedings. They are O.P.S. Malik and S.N. Pandey.

(2.) It would be appropriate to have a resume of the background. The contempt proceedings came to be initiated with regard to the alleged deliberate and contemptuous act of the two opposite parties named above in showing utter disregard and committing violation and disobedience of order dated 16.3.1993 passed by this Court in Civil Misc. Writ Petition No. Nil of 1993 (subsequently numbered as 8531 of 1993) filed by the petitioner Naresh Chandra Kapoor. The dispute pertained to the release of certain accommodation owned by the petitioner-landlord which was in occupation of a tenant, namely, Smt. Sayeeda Farooqui on the ground of bonajide requirement of the landlord. S.C.C. Suit No. 19 of 1982 for eviction of the tenant filed by the petitioner had already been decreed by the J.S.C.C. and Revision No. 325 of 1985 against the order decreeing the suit was pending before the revisional court. The petitioner also filed an application before the Rent Control and Eviction Officer for the release of the property, i.e.. House No. 12/24, Hastings Road (Nyay Marg), Allahabad. Contemner No. l O.P.S. Malik, an I.P.S. Officer, was also interested in getting the premises in question allotted in his favour in connivance with contemner No. 2--S.N. Pandey, Rent Control and Eviction Officer. The petitioner approached this Court through Writ Petition No. 8531 of 1993. On 16.3.1993, this Court while staying the orders of the Rent Control and Eviction Officer, issued notices to the respondents directing for service on the respondents No. 1, 2 and 4 of the writ petition out of court also, apart from normal mode of service. 19.4.1993 was fixed. It is this order which is said to have been violated by the contemners. Proceedings have been initiated at the instance of the petitioner.

(3.) There are three charges framed against O.P. No. l O.P.S. Malik on the basis of the allegations put forth by the petitioner. They are as follows: 1. That, you, O.P.S. Malik, on 16.3.1993 at about 7 p.m. when the applicant/petitioner alongwith his son went to serve the certified copy of this Court's order dated 16.3.1993, passed in Civil Misc. Writ Petition No. Nil of 1993, at the residence of opposite party No. 2, situate in Collectorate Compound, Allahabad, you were present there and you took the copy of the order from the applicant/petitioner and after seeing the same returned the same back to him with abusive language directed against him as also the Hon'ble Judges of this Court by uttering the words: Main Yeh Bangla Chhorunga Nahin Chahe Jo Bhi Mujhe Iske Liye Kama Pare. High Court Ke Judge Sale To Andhe Main. Stay Order Dena Unke Liye Majak Hat, Kiske KhilaJ Order De Rahe Hai, Yeh Bhi NaMn Dekhte. Yahan Se Bhag Jao Nahin To Saale Andar Kar Dunga. By your such act and conduct showing utter disregard to the order of this Court and uttering abusive language, you intentionally and wilfully committed violation of the order of this Court, scandalized the Court, lowered the dignity of the Court and obstructed the administration of justice.