TRIPIT NARAYAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Indu Bhushan Prasad for the petitioner, Dr. Ravi Ranjan for opposite parties Nos. 1 to 4, and Mr. Anuj Prakash, learned junior counsel to Standing Counsel No. 6 for opposite parties Nos. 5 to 7.

(2.) This application under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act has been filed by the petitioner of CWJC No. 7384 of 2002 (Tripti Narayan Singh v. The Union of India and Ors., whereby the petitioner was directed to appear before the Under Secretary to the Government of India, Ministry of Home Affairs, Lok Nayak Bhawan New Delhi, on 9.12.2002, with his representation/show-cause, whereafter the competent authority was directed to hear the petitioner and decide the matter by a speaking order. Operation of the impugned order, which was to the effect that the petitioner's freedom fighters pension had been terminated was stayed. It was further observed in the order that, if the petitioner did not appear on the date referred to above or did not file representation/show-cause then the authority shall be free to pass final order. The petitioner complains before this Court that the order of this Court has not been complied with, in as much as he was denied appearance before the Under Secretary, let alone the question of hearing in the matter and consideration of his representation.

(3.) The Union of India as well as the State of Bihar have filed their separate sets of show cause.