JUDGEMENT
Swatanter Kumar, J. -
(1.) IT is the repeated non -compliance of the orders passed by the High Court that has compelled the Petitioner to file this petition under Sections 10/12 of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act).
(2.) AN F.I.R. No. 130 dated 24th April, 1986 was registered at Police Station Nawan Shahr, District Jalandhar against one Mohinder Kumar Dua. Said Mohinder Kumar Dua had fled away from the country and ultimately the police had closed the file as untraced on 25th December, 1986. The Petitioner who was working as Block Primary Education Officer was served with the charge -sheet dated 20th June, 1989 regarding the alleged embezzlement. According to the Petitioner, the amount was embezzled by Mohinder Kumar Dua and he had forged the signatures of the Petitioner. Mohinder Kumar Dua was working as clerk -cum -cashier in the same office. This charge -sheet was challenged by the Petitioner by filing a writ petition and as the Petitioner was retired on 31st October, 1992, he had also prayed that his retiral benefits be released to him. This writ petition, being Civil Writ Petition No. 11861 of 1993 titled as Satdev Singh v. State of Punjab came up for hearing before the Division Bench of this Court and the Division Bench disposed of the writ petition, - -vide its order dated 3rd May, 1994. The said order reads as under: -
After hearing Learned Counsel for the parties and perusing the record, this writ petition is disposed of at this stage with a direction to the Respondents to get the inquiry against the Petitioner completed within a period of three months from the date the Petitioner appears before the Inquiry Officer. Learned Counsel for the Petitioner has assured us that his client shall associate and co -operate in the completion of inquiry. If the Petitioner does not co -operate or associate in the inquiry proceedings, the Inquiry Officer, shall be at liberty to pass appropriate orders in his absence in accordance with law. The Petitioner is further directed to appear before the Inquiry Officer on 16th May, 1994 in his office during working hours.
(3.) THE Petitioner appeared before the Inquiry Officer and the inquiry was concluded and inquiry report was submitted somewhere in June/July, 1994 to the Director, Public Instructions (Primary) Punjab. However, as no final order was passed in spite of the fact that the Petitioner had served the notice upon the Respondents.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.