BRIGADIER RAKESH SHARMA Vs. SRI VIJAY SINGH

JUDGEMENT

(1.) THIS contempt proceeding has been initiated on the grievance of the petitioner that the opposite parties have not obeyed and complied with the order dated 10th December, 2008 passed by this Court in W.P.(S) No. 5756 of 2007.

(2.) NOTICE was issued to the opposite parties. Opposite Party Nos. 1 and 2 have appeared and filed their show cause reply. It has been stated, inter alia, that in compliance of the order of this Court the petitioner's representation has been disposed of by a reasoned order dated 13th March, 2009 after considering the petitioner's representation point -wise. They have stated that delay was due to movement of file in official process and was not intentional. The said opposite parties have also tendered unqualified apology for the inconvenience caused to this Court.

(3.) WHEN this case is taken up today, the petitioner appeared in person and submitted that the same is a mere eye -wash to mislead this Court and, in fact, the petitioner's points raised in his representation has not been considered and there has been flagrant violation of the order of this Court. He claimed that the opposite parties themselves graded him as the best officer and selected for foreign assignment, but in the order the opposite parties have tried to show that he is inferior to the officers of his batch who have been given promotion to the rank of Major General. The order passed by the opposite parties does not disclose the detail of comparative superiority of those who have been given higher rank, ignoring the petitioner. He submitted that the opposite parties have not passed the order bone fidely arid in accordance with the direction of this Court.