Roshan Lal Agarwal vs State of U.P.

R.C. Deepak, J.—Heard Sri Rajiv Lochan Shukla, learned Counsel for the petitioner, learned A.G.A. for the State and perused the record.

The relief claimed in the writ petition was already granted to the petitioner. The officer concerned appeared to have deliberately flouted with the order passed by the courts below as well as of this Court. The notice to show cause was issued to A.R.T.O. In compliance thereof the Assistant Regional Transport Officer Enforcement Sonbhadra Sri Saghir Ahmad Ansari had appeared before the Court and filed his reply. He has tendered a written apology and also promised not to repeat the same mistake in future. Learned Chief Judicial Magistrate was directed to submit his report regarding his said promise. The report dated 7.3.2006 of the C.J.M. Sonbhadra indicates that the officer concerned has complied with the orders and is also doing so.

I find some sincerity in his apology and also promise.

In the above circumstances, I find it fair to afford him an opportunity to correct his conduct. If he repeats the same mistake in future, the C.J.M. concerned is required to let this Court know of the said facts so that appropriate action against him on that basis could be drawn by this Court.

In the circumstance, the notice so issued against A.R.T.O. Sri Saghir Ahmad Ansari is hereby discharged.

The petition stands disposed of accordingly.