KARAN SINGH TAK Vs. ALKA KALA

JUDGEMENT

(1.) THIS is a petition under Sec. 12 of the Contempt of Courts Act, praying for direction to the respondents to implement order dated 4. 3. 1997 of this Court in CWP No. 788/93 and also to initiate contempt proceedings against the respondents so as to punish them for committing contempt of this Court.

(2.) PROCEEDINGS were ordered on 29. 5. 1997 by issuing show cause notice to the respondents and the notices were issued by the Registry and got served on 3. 7. 97. Reply to the show cause notice in this contempt petition was filed by the respondents on 8. 8. 97, followed by additional affidavits whenever sought to be filed in reply to the affidavits & applications filed by the petitioner.

(3.) AS per order dated 5. 1. 98, learned counsel for the respondents stated that in compliance of the directions of this Court dated 18. 9. 97 the requisite departmental enquiry against the petitioner was completed by the inquiry officer on 18. 12. 1997, and the inquiry report in a sealed covered had already been filed with the Registry of this Court. AS per order dated 22. 4. 98, the result/final report of the disciplinary inquiry dated 18. 12. 1997 of the Principal Chief Conservator of Forests (disciplinary authority) had been sent to this Court which was perused and as per which the penalty of stoppage of two annual grade increments without cumulative effect had been imposed upon this petitioner and the original report was returned to Mr. M. Rafiq learned counsel for the respondents on 22. 4. 98. According to the order dated 10. 8. 1999, Shri S. M. Mehta learned Advocate General had shown for perusal of this Court an order dated 19. 7. 99 passed by the Division Bench in Civil Special Appeal (W) No. 1173/97 which opined thus, -"though pursuant to the order under appeal an enquiry was held and a minor penalty was imposed on the writ petitioner and if the appellants (State of Rajasthan) have complied with the directions given by the learned Single Judge in the order under appeal and if minor penalty has been imposed, we find it unnecessary to keep the appeal pending. Hence the appeal is disposed of accordingly. "