CLCON/83/2021
2021 Latest Caselaw 3650 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
      ON THE 16TH DAY OF SEPTEMBER, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
      CONTEMPT PETITION NO. 83 OF 2021

BETWEEN:

Association of Plastic Surgeons of India ... Petitioner

      (By Mr. Rohit Dhyani, Advocate)

AND:
Professor Dr. Ravi Kant                     ... Opposite Party
      (By Mr. Rakesh Thapliyal, Senior Advocate assisted by
      Mr. Lalit Sharma, Advocate)

                         JUDGMENT

1. WPSS No. 2090 of 2019 filed by the petitioner was disposed of with a liberty to petitioner to make representation to Director, AIIMS, Rishikesh and Director, AIIMS was required to decide the same by passing a speaking order within four weeks.

2. Mr. Rakesh Thapliyal, learned Senior Counsel for the opposite party submits that Director, AIIMS, Rishikesh has rejected petitioner's representation vide order dated 21. 11.2020.

3. Learned counsel for the petitioner submits that the said order is not a speaking order, inasmuch as, the issues raised by the petitioner in his representation have not been considered at all.

4. Be that as it may, since the Director, AIIMS, Rishikesh has considered and rejected petitioner's representation by assigning some

reasons, therefore, this Court is of the considered opinion that this is not a case of willful disobedience for which opposite party can be proceeded against under provisions of Contempt of Courts Act.

5. Accordingly, the contempt petition is closed. Notice issued to the opposite party is hereby discharged. However, petitioner shall be at liberty to challenge the rejection order dated 21.11.2020 passed by Director, AIIMS, Rishikesh before the appropriate forum.

(MANOJ KUMAR TIWARI, J.) Aswal