G S SANDHU Vs. RAJASTHAN VIKAS SANSTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal is directed against the order of learned Single Judge dated 7th May, 2007 in S. B. Contempt Petition No. 195/05 arising in respect of order dated 1. 3. 2005 deciding S. B. Civil Writ Petition No. 3969/2002 vide order under appeal the appellant G. S. Sandhu (appellant in D. B. Civil Special Appeal (W) No. 561/2007) not guilty of contempt but still imposing a cost of Rs. 5,000/- on the ground that though earlier order passed by him is erroneous but he has no occasion to correct that order and, therefore, he is not guilty of contempt.

(3.) IN the petition, after referring to course of action of events which have been mentioned in the order, the grievance about the non-compliance of the direction dated 1. 3. 2005 was voiced by the petitioner in the following manner:- " 3. That after the decision, on behalf of the petitioner, a notice dated 29. 5. 2005 was served upon the Nursing Council of INdia so as to forward the recommendations to the State Government. A copy of the same is filed herewith and marked as Annexure C/2. 4. That thereafter, the Nursing Council of INdia informed the counsel for the petitioner vide letter dated 15. 6. 2005 that it has taken the steps in terms of the judgment and has sent the requisite information to the State Government. A copy of the letter dated 15. 6. 2005 is filed herewith and marked as Annexure C/3. IN this view of the matter, the Nursing Council of INdia has passed on the requisite information to the Government. Thus, it was incumbent upon the respondent to do the needful in terms of the judgment of the Hon'ble High Court. However, good deal of time has elapsed but no steps were taken by the respondent. IN these circumstances, in order to avoid any kind of further litigation, on behalf of the petitioner, a notice for demand of justice dated 17. 7. 2005 was served upon the respondent thorough his counsel and requested him to revoke the suspension of NOC and allocate students to the petitioner's institution in the ensuing session and to do everything which is necessary in the matter. The said notice was sent by registered post. A copy of the notice dated 17. 7. 2005 is filed herewith and marked as Annexure C/4. But, unfortunately, the time stipulated in the notice has also expired but nothing has been done in the matter. 5. That in view of the aforesaid facts, it is clear that the respondent is willfully disobeying, disregarding and flouting the order of the Hon'ble High Court inasmuch as despite of receipt of recommendation from the Nursing Council of INdia, he has not revoked the suspension of NOC nor he has allotted the students to the petitioner's institution. Thus, it is clear that the respondent has shown scant regard to the orders of the Hon'ble High Court which clearly tantamount to committing contempt of Hon'ble High Court. "