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2006 Supreme(P&H) 4298
PUNJAB & HARYANA HIGH COURT
Surya Kant and - JJ.
Murari Lal Arya
Versus
R.S.Gujral
COCP No. 369 of 2005,
Decided On : NOVEMBER 13, 2006
Compliance with court orders and liberty to challenge speaking orders before an appropriate forum
Headnote:
Contempt Petition - Compliance with Court Order - The court disposed of the petition with a direction to take a final decision on the legal notice within three months. The respondent's compliance with the court order was challenged in a contempt petition, and the court disposed of the petition with liberty to the petitioner to challenge the speaking order before an appropriate forum.
Fact of the Case:
The petitioner filed a petition which was disposed of with a direction to respondent No.1 to take a final decision on the legal notice within three months. Alleging non-compliance, a contempt petition was filed.
Finding of the Court:
The court disposed of the petition with liberty to the petitioner to impugn the speaking order before an appropriate forum.
Issues: Alleged non-compliance with court order, disposal of contempt petition, liberty to challenge speaking order
Ratio Decidendi: The court found that the respondent had considered and disposed of the petitioner's claim by passing a speaking order, and therefore disposed of the petition with liberty to challenge the speaking order before an appropriate forum.
Final Decision: The petition was disposed of with liberty to the petitioner to impugn the speaking order before an appropriate forum.
Surya Kant, J.
1. The petitioner filed CWP No.13403 of 2004, which was disposed of on august 31, 2004 with a direction to respondent No.1 to take a final decision on the legal notice which he had already served on the authorities. The decision was required to be taken by passing a speaking order and within a period of three months. Alleging non-compliance of the above stated order, this contempt petition has been filed. In response to the show cause notice, Mr. R. S. Gujral, IAS, financial Commissioner and Principal Secretary to Govt. Haryana, education Department has filed his affidavit dated 21.12.2005 and along with the said affidavit, he has appended a copy of the order dated 15.12.2005 (Annexure R1) vide which in purported compliance of the cocp No.369 of 2005 -: 2 :-
directions issued by this court, the petitioners claim has been considered and disposed of by passing a speaking order.
2 In this view of the matter, this petition is disposed of with liberty to the petitioner to impugn the aforesaid speaking order before an appropriate forum, if so advised. Rule discharged. November 13, 2006. [ Surya Kant ] kadyan Judge
