Harbola vs Unknown
2021 Latest Caselaw 1915 UK

CLCON No.732 of 2018
Hon'ble Ravindra Maithani, J.

Mr. Anil Anthwal, Advocate for the contempt petitioner.

Mr. S.N. Babulkar, Advocate General for the State.

Mr. Anand Bardhan, Additional Chief Secretary (Forest), Uttarakhand appeared through video conferencing.

This matter is heard though video conferencing.

This is a contempt petition with the averments that wilful disobedience of the Court's order dated 23.04.2018, passed in WPSS No.1673 of 2015, Deep Chandra Harbola vs. State of Uttarakhand and others, has been done by the contemnor.

On the last occasion when the matter was taken up, the Court passed the following order:-

"This is contempt proceeding. Initially, a notice was issued to the contemnor. He had filed an affidavit dated 15.11.2018. In para 6 of the affidavit it is written that compliance of the order has been made subject to decision of a special appeal, although appeal number is not written in para 6 of this affidavit. There is mention of a special appeal in para 3 of this affidavit also. But, the affidavit does not reveal as to what compliance was made by the contemnor.

Merely filing of special appeal does not erase the order or make the impugned order non-existent. If any provision of the Act is not taken note of in any impugned order, can a person, whom directions are issued, ignore such an order of the Court? In other words, even if the judgment is per in curium can a party ignore it on his own? These and many more questions require little deliberation.

Learned counsel for the contemnor today seeks time. Perhaps the contemnor would be in a better position to explain all these things. After all, he is a responsible officer of the State.

List this matter on 17.06.2021. On that date the contemnor shall remain personally present before this Court."

Today, Mr. Anand Bardhan, informed the Court that the court's order has already been complied with in full. The arrears of pension as well as gratuity has already been paid. The contempt petitioner shall now regularly get pension also. He submits that based on the legal advice, the affidavit in this matter was filed by him. He also tendered his unconditional apologies.

Learned counsel for the contempt petitioner submits that he needs to check the facts with the party.

The Court accepts the apologies and closes the chapter for a while at this stage keeping in view the statement given by Mr. Anand Bardhan. His personal appearance is dispensed with till further orders.

The contempt petitioner may check the facts. This Court will finally pass order in this petition on 22.06.2021 List this matter on 22.06.2021

(Ravindra Maithani,J.) 17.06.2021 Sanjay