High CourtsSingle Bench(2020) 12 DEL CK 0080

Anil Dutt Sharma vs Amulya Patnayak & Ors

Delhi High Court · Decided on 11 December 2020

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Dismissed
CASE NUMBER
CONT.CAS(C) No. 786 Of 2020

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Judgment

27 paragraphs · 415 words

Sanjeev Sachdeva, J

CM APPL.30504/2020 (exemption)

Exemption is allowed subject to all just exceptions.

CONT.CAS(C) 786/2020

1.

The hearing was conducted through video conferencing.

2.

Petitioner seeks initiation of contempt proceedings against respondents for failing to comply with order dated 18.02.2019.

3.

By order dated 18.02.2019, respondents were directed to formally inform the petitioner as to their final findings in respect of the complaints made

by the petitioner.

4.

Learned counsel appearing for the respondents submits that the order itself records that the allegations made by the petitioner were investigated and

inquiries have been held and complaints have already been filed. He submits that the respondents were directed to formally inform the petitioner as to

their final findings in respect of the allegations. He submits that the final findings have already been provided and even the petitioner has annexed copy

of letter dated 12.03.2019 as Annexure â€" P-3 which required the petitioner to get findings of the Vigilance inquiry from the office of the

respondents.

5.

Learned counsel for the respondents submits that even yesterday a copy of the final findings have once again been communicated to the petitioner.

6.

Learned counsel for the petitioner submits that copy of the final findings, which have been provided do not respond to each and every complaint of

the petitioner.

7.

In my view, the purport of the order dated 18.02.2019 is only to provide the petitioner with the final findings in respect of the inquiries that have

been held by the respondents and the complaints that have been filed, as recorded on 18.02.2019.

8.

Order dated 18.02.2019 does not require the respondents to conduct any fresh inquiry and does not comment upon the inquiries already conducted

and completed.

9.

The contention of the learned counsel for the petitioner that a separate reply to each and every allegation of the petitioner was required to be given

to the petitioner is not borne out by the directions issued in order dated 18.02.2019.

10.

The contention of the learned counsel for the petitioner that the final findings are insufficient or do not deal with each separate allegation does not

arise for consideration in these proceedings. Since respondents have already admittedly provided the final findings to the petitioner, no ground is made

out for initiating any proceedings under the Contempt Courts Act against the respondents.

11.

Petition is, accordingly, dismissed.

12.

Copy of the judgment be uploaded on the High Court website and be also forwarded to learned counsels through email.