(Appeal filed under Clause 15 of the Letters Patent against the order dated 29.6.2004 in Contempt Petition No.53 of 2004 passed by the learned single Judge.)

P.K. Misra, J

Though the matter was listed for considering the question of stay/vacating the stay, since the very same question is involved in deciding the appeal, on consent of the counsels, the entire appeal has been heard on merit and is being disposed of by the present judgment.

2. The facts giving rise to the present appeal are as follows :-

The present appellant awarded contract to the present respondent for a period of two years in respect of three tank lorries with effect from 1.9.2000 and for six tank lorries with effect from 1.11.2000, which provides extension for another year on the same terms and conditions. Dictating some serious violations in respect of two of the tank lorries, two show cause notices were issued on 31.5.2003. Under the show cause notices, it was intimated “... We are suspending all your tank lorries which are in contract with BPCL with immediate effect”. A reply was furnished by the respondent claiming that malpractice had been committed by the concerned driver without the knowledge and c