SATISH GUPTA Vs. SALINA SINGH

JUDGEMENT

(1.) This contempt petition is preferred by the petitioner under Article 215 of Constitution of India read with Sections 10 and 12 of Contempt of Court Act for non-compliance of the order dated 20.03.2019 passed by the Coordinate Bench of this Court in W.P. No. 6000/2019.

(2.) Learned counsel for the petitioner submits that Writ Petition No. 6000/2019 which was filed by the petitioner is pending for consideration and vide order dated 20.03.2019, the Court granted interim relief as follows:-

(3.) Learned counsel for the petitioner submits that after passing of the order, the same was served alongwith representation on 27.03.2019 through Registered Post. A copy of the document is enclosed herewith and marked as Annexure-A. Subsequently on 28.03.2019 the copy of order passed by the Court was served on contemner No. 3. Again on 30.03.2019 the petitioner has submitted his undertaking through registered post to contemner No. 2. Simultaneously on the same date at 2:15 PM undertaking through e-mail was also forwarded to contemner No. 2. A copy of the letter alongwith postal receipt is enclosed herewith and marked as Annexure-C and proof in regard to sending of e-mail is enclosed herewith and marked as Annexure-D. It is required to mention here that in compliance of order passed by the Court applicant has duly communicated the undertaking alongwith the representation to the erring authorities but no heed has been paid and in pursuance to the order of this Court contemners are not allowing the petitioner to join the duty despite having knowledge even about passing of the order by this Court. Letter (Annexure-E) has been sent wherein petitioner is shown to be superannuated w.e.f. 30.03.2019, as on 31.03.2019 there was Sunday. The act and conduct of contemner No. 3 clearly shows willful and deliberate non compliance of the order. The said act is contemptuous one and all the contemners deserve to be prosecuted and punished for the same. The document in shape of envelope and receipt affixed on the back side clearly shows the malafide because on the front side of envelope one dispatch number was shown bearing the date to be 30.03.2019, but the postal receipt of the envelope speaks otherwise because the same is bearing the date 02.04.2019, which indicates the fact that the order dated 30.03.2019 was passed with a malice and reflects the willful and deliberate contemptuous act of contemtnors. Copy of the envelope is marked as Annexure-F. The notice (Annexure-G) has already been sent but is of no avail and till today the contemnors are continuing with their contemptuous act, which amounts to interference in dispensation of justice, for which the matter is required to be viewed seriously.