DES RAJ Vs. S.S. CHAUHAN

JUDGEMENT

(1.) THE brief facts leading to this Contempt of Court petition are that M/s Goyal Agricultural Works had filed a writ petition No. 4803 of 1983 in this Court. S.S. Chauhan, Assessing Authority, Mansa, was respondent No. 2 in the writ petition. On 10th October, 1983 notice of motion was issued in that writ petition and it was further ordered that proceedings before respondent No. 2 be stayed.

(2.) ON 22nd October, 1983 Des Raj of M/s Goyal Agricultural Works filed the present petition dated 18th October, 1983 for taking action against the present respondent S.S. Chauhan under section 12 of the Contempt of Courts Act. According to the allegations in the petition, the petitioner, after the stay order had been passed in the writ petition, went back to Mansa and reached there at 3 P.M. and got prepared affidavit (Annexure P.2) regarding the stay order. He then went to the office of the respondent but he did not come to the office on that day. The petitioner tried to handover the affidavit to Mohan Lal, Clerk of that Office. Mohan Lal told him that the respondent had not held the Court on that day and so all the cases fixed on that day would be adjourned. The petitioner was asked to come on the next day. On the morning of 11th October, 1983 the petitioner went to the office of the respondent at 10. A.M. and met him and told him about stay order granted by the High Court. The petitioner also tried to hand-over the affidavit to him but the respondent refused to accept it and asked the petitioner to bring a certified copy of the stay order. The petitioner came to Chandigarh on 12th October, 1983 the petitioner again reached the office of the respondent alongwith one Inspector Chaudhary. The petitioner gave the certified copy of the stay order to the respondent. The respondent refused to take the same and told him that he had already made the assessment ex-parte assessment order on 10th October, 1983. The petitioner went to his counsel, Shri Ashok Kumar at Mansa and apprised him about the refusal of respondent No. 1 to take the copy of the stay order as well as about passing ex-parte on 10th October, 1983. Shri Ashok Kumar himself went to the office of the respondent at 3 p.m. and delivered the copy of the stay order.

(3.) THE respondent filed a return in the form of affidavit. According to him, he remained present in the office on 10th October, 1983 upto 5 p.m. but the petitioner or his representative did not approach him nor he approached Mohan Singh, Clerk, as told by him (i.e. Mohan Singh). On that day apart from other routine work, he disposed of 3 assessment cases including that of the petitioner and these were entered at serial Nos. 117, 118 and 119 in the Demand and Disposal Register. On 11th October, 1983 also the petitioner did not meet him nor presented any affidavit before him. On 13th October, 1983 a photostat copy of the stay order was produced before him by Mohan Singh, Clerk, who is attached with other Assessing Authority at Mansa. After coming to know of the stay order, he did not pass any order.