- (1.) S. P. Mehrotra, J. The present contempt petition has been filed under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution. It is, inter alia, prayed that the opposite parties be punished for having committed contempt of this Court by wilfully disobeying the order dated 11-8-1993 passed by this Court in Civil Misc. Writ Petition No. 27186 of 1993, Kanchan Prasad and others v. Executive Engineer, Sarju Nahar Khand-I and others. The present contempt petition was filed on 1-11-1993.
(2.) ON 2-11-1993, the Court passed the following order on the contempt petition: "list on 25-11-1993. In the meantime the petitioner may bring on record the material to establish that inspite of service of the order dated 11-8-1993, the respondents are deducting salary and not paying full salary to the petitioner. " Pursuant to the said order dated 2-11-1993, the case was listed on 25-11-1993. On 25-11-1993 the Court passed the following order: "list revised. None appeared for the applicant. List it in ordinary course. " Thereafter, it appears that the contempt petition was listed on 9-12-1993. On the said date, i. e. , 9-12- 1993, the Court passed the following under: "list in second week of January, 1994. "
(3.) IT further appears that the contempt petition was again listed on 1-4-1994, when the Court passed the following order: "passed over on the request of Shri R. S. Kushwaha, counsel for the applicant. " The contempt petition was, thereafter, listed on 3-3-2004. On the said date, i. e. 3-3-2004 the learned counsel for the petitioner/applicant was not present, even when the cause list was revised, and in the circumstances, the case was passed over on the said date.;