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Judgment
SACHIN DATTA, J. (ORAL)
The present petition has been filed by the petitioner alleging wilful disobedience/non-compliance with the directions contained in the judgment dated 22.11.2024 passed in W.P.(C) 12107/2019. The said order reads as under:
It is averred in the short affidavit filed on behalf of the respondents, that in compliance with the directions contained in the judgment dated 22.11.2024, a Show Cause Notice dated 31.12.2024 was served upon the petitioner on 01.01.2025.
However, the same is seriously disputed by learned counsel for the petitioner.
It is also averred in the said affidavit filed on behalf of the respondents that the show cause notice was disposed of by way of a speaking order dated 12.02.2025 on the ground that no reply thereto was filed by the petitioner.
Evidently, the purport of the directions contained in the judgment/order dated 22.11.2024 was to ensure compliance with the principles of natural justice. Unfortunately, however, the exercise carried out in not in consonance with the said directions.
In the circumstances, the respondents are directed to issue a fresh show cause notice to the petitioner in terms of the directions contained in the judgment/order dated 22.11.2024.
The petitioner shall file a response thereto within a period of one week from the date of receipt thereof. Thereafter, an appropriate decision shall be taken by the respondents in terms of the aforesaid judgment. The said exercise shall take place regardless of, and without being influenced by, the exercise referred to in paragraphs 4 and 5 of the reply filed on behalf of the respondents.
Let a copy of the Show Cause Notice that may be issued pursuant to the aforesaid directions, be also marked to the learned counsel for the petitioner.
The above directions are issued to ensure that there is no wilful disobedience of the directions contained in judgment/order dated 22.11.2024. In terms of the dicta laid down by the Supreme Court in Anil Kumar Shahi v. Prof. Ram Sevak Yadav, (2008) 14 SCC 115, it is incumbent upon this Court to pass appropriate appropriate directions to ensure compliance.
The present petition stands disposed of in the above terms.