R.S.Dhavan, J. - (1.) When this court had heard this contempt petition and delivered its order of 26 May, 1990, the issue was on the non-compliance of the order of 18 May, 1989 or the disobedience of it. The opposite parties in their defence claimed, that the order has been complied with, while the petitioner made a counter claim that the order was being disobeyed.
(2.) On 26 May, 1990 the case did not go into the consideration of framing of charges against the four opposite parties on a notice of motion, as amidst proceedings an affidavit was filed on behalf of opposite party No. 1, Air Marshal M.S. Bawa, subsequently fortified by his personal affidavit, that the terms of the order of 18 May, 1989 were misunderstood by him and his establishment, and the order shall now be complied with, and an opportunity was sought to do so.
(3.) In the face of these circumstances there was no occasion for this court to take the matter further for considering the framing of charges as it is difficult for the court, in the facts and circumstances of this case, to ignore a statement of a person responsible in administration accepting that the order had not been under implementation and the terms given in the order were misunderstood and will be complied with henceforth.;