D P CHOUDHARY Vs. STATE OF M P

JUDGEMENT

(1.) Heard. The petitioner, who was posted as Principal in Government Higher Secondary School No. 2, Niwari, was transferred vide order dated 15-6-2012 from Niwari to Government Higher Secondary School, Upani, Distt. Sidhi. The petitioner challenged the aforesaid order of transfer in a writ petition namely W.P. No. 9111/2012(s). The aforesaid writ petition was dismissed by a Bench of this Court vide order dated 9-7-2012 with the liberty to the petitioner to take recourse to the departmental remedies which may be available to him.

(2.) Thereafter, the petitioner through another counsel, by suppressing the fact of filing of the earlier writ petition and its dismissal, filed the present writ petition in which initially an interim order dated 18-10-2012 was passed by a Bench of this Court. The intervener brought the aforesaid facts to the notice of the Bench of this Court. Accordingly, vide order dated 5-12-2012, this Court inter alia held that the aforesaid action of the petitioner amounts to interference in the due course of administration of justice. Accordingly, a show-cause notice was issued to the petitioner asking him to remain personally present before the Court and to show cause as to why proceeding for contempt be not initiated against him. In response to the aforesaid show-cause notice, the petitioner is present before this Court along with his counsel and has filed the reply.

(3.) At the outset, learned counsel for the petitioner submitted that the petitioner has highest regards for the authority of this Court and the petitioner has tendered an unconditional apology. It is further submitted by learned counsel for the petitioner that petitioner had engaged Shri A.D. Mishra as his counsel. However, Shri A.D. Mishra returned the file to the petitioner and informed him that on account of some technical difficulty, the writ petition preferred by him would be dismissed. The petitioner was advised to contact another counsel. Thereafter, the petitioner contracted Shri Sanyal, Advocate for filing another writ petition. Accordingly, the writ petition was filed by Shri Sanyal. It is further submitted that in compliance of the order of transfer, the petitioner has been relieved on 17-1-2013 and he has joined at the present place of posting on 22-1-2013. Therefore, the petitioner does not want to prosecute the writ petition.