HOTEL ALANKAR F LTD Vs. S P NANDA

JUDGEMENT

(1.) Shri S. P. Nanda, the Managing Director of Orissa State Financial Corporation (for short, 'the Corporation'), has faced this proceeding initiated by this Court suo motu on 14-11-1990 being prima facie satisfied from the averments made by the petitioner in Misc. Case No. 5556 of 1990, arising out of O.J.C. No. 4213 of 1990, about commission of criminal contempt by the Managing Director inasmuch as the acts and words attributed to him tended, inter alia, to lower the authority of this Court. Pursuant to show cause notice issued on that day, the Managing Director appeared in person on 16-11-1990 and denied the averments made by the petitioner by filing counter affidavit along with which affidavits of some other employees of the Corporation were filed to support the stand taken by the Managing Director in his affidavit. Because of the denial by Shri Nanda of the averments, made by the petitioner, she filed her rejoinder on 19-11-1990 and thereafter examined herself in support of her case. The examination, however, took place on 26-11-1991 as the petitioner could not make herself available earlier because she was away at Bombay for a long period in connection with the treatment of her son in Tata Memorial Hospital. The petitioner was duly cross-examined. Arguments of learned counsel of the parties were heard on 18-12- 1991.

(2.) The crux, of the allegation made by the petitioner against Shri Nanda is that when on 13-11-1990 she had gone to the office of the Corporation situated at Cuttack with a certified copy of this Court's order passed on 12- 11-1990 along with a banker's cheque for Rs. 10,000/- and had met Shri Nanda at about 2 p. m. in his office and requested him to act in accordance with the order of 12-11-1990, Shri Nanda after going through the certified copy of the order suddenly flared up and contemptuously threw away the certified copy and the banker's cheque on the face of the petitioner and in a very angry and loud voice asked the petitioner to go out. The further allegation is that Shri Nanda then uttered very harsh and disparaging remarks against this Court in particular and the entire judiciary in general.

(3.) The defence of Shri Nanda is that the petitioner had not met him on 13-11-1990 not only at about 2 p. m. but during his entire stay in the office on that day which was from about 1-30 p.m. to 6-45 p.m. This stand of Shri Nanda has been supported by (1) his two Personal Assistants, (2) the peon of the Corporation attached to Shri Nanda's office, (3) the Security Assistant of the Corporation, (4) the Deputy General Manager of the Corporation and (5) the Diarist-cum-Despatcher in the Managing Director's Section of the Corporation.