Sujit Narayan Prasad,J. - (1.) The instant contempt application is under Section 11 and 12 of the Contempt of Courts Act for alleged noncompliance of the order dated 13.12.2018 passed in W.P. (S) No. 1485 of 2015, whereby and whereunder following direction has been passed: "This Court after assessing the factual aspects and settled position of law is of the view that the order as contained under Annexure-9 since has been passed without providing an appropriate of hearing therefore the same is held to be unsustainable and accordingly quashed. It is the further view of this Court that the order passed by the appellate authority, since is cryptic, hence the same is also held to be non-sustainable accordingly quashed. It is also settled that on technicality no one can be given any benefit, therefore, the issue is being remitted before the authority for passing a fresh order after providing opportunity of hearing to the petitioner within eight weeks from the date of receipt of copy of this order, which shall be presented by the petitioner within two weeks from the date of its receipt. The writ petition is accordingly disposed of."
(2.) It is the case of the petitioner that the order dated 13.12.2018 passed in W.P. (S) No. 1485 of 2015 has not been complied with in its letter and spirit since there is specific direction in the order passed by the writ Court while remitting the matter before the authority for passing fresh order after providing opportunity of hearing to the petitioner within stipulated period of eight weeks from the date of receipt of copy of order.
(3.) Mr. Rahul Kumar, being assisted by Ms. Apoorva Singh, learned counsel for the petitioner referring to the order dated 12.02.2019, as contained in Annexure 3 to the contempt petition has submitted that as directed by the writ Court no opportunity of hearing has been provided and therefore, there is no compliance of the order passed by the writ Court.;