Dharamveer Singh vs Rahul Kotoki

Alok Sharma, J.—Contravention of order dated 16-1-2014 passed by this court in S.B. Civil Writ Petition No. 21539/2013 is alleged in this contempt petition.

Heard learned counsel for the parties and perused the material available on record.

Learned counsel for respondent Mr. Inderjeet Singh submits that as required the representation submitted by the petitioner in terms of order dated 16-1-2014 has already been decided by the respondent on 22-4-2014. Therefore no contempt of this court is made out. Counsel for the petitioner would however submit that even though the representation was submitted by the petitioner on 31-1-2014, yet the same was not decided within a period of two weeks, as directed by this court in its order dated 16-1-2014 and this by itself constitutes contempt of court.

I find no force in the submission of learned counsel for the petitioner. Mere delay in decision on the representation cannot be construed as a willful default of the order dated 16-1-2014, as the substratum of the order of this court was to decide the representation. That has been complied with. Mere administrative delay when not unconscionable in deciding the representation is of little consequence.

At this stage, learned counsel for the petitioner seeks to withdraw the contempt petition with liberty to claim his alleged immutable right to study leave for pursuing B.Ed. course, even though he is employed as a Constable with the Rajasthan Police. Liberty prayed for is not necessary, as in any event if the petitioner has a right, he would have a remedy for its enforcement in a court of law.

The contempt petition stands dismissed as withdrawn. Notices are discharged.