- (1.) THIS contempt proceeding has been initiated on the grievance of the petitioner that the opposite parties have not obeyed and complied with the order dated 10th December, 2008 passed by this Court in W.P.(S) No. 5756 of 2007.
(2.) NOTICE was issued to the opposite parties. Opposite Party Nos. 1 and 2 have appeared and filed their show cause reply. It has been stated, inter alia, that in compliance of the order of this Court the petitioner's representation has been disposed of by a reasoned order dated 13th March, 2009 after considering the petitioner's representation point -wise. They have stated that delay was due to movement of file in official process and was not intentional. The said opposite parties have also tendered unqualified apology for the inconvenience caused to this Court. When this case was taken up earlier, this Court had expressed its dissatisfaction on the terms of the order passed by the opposite parties in purported compliance of the order of this Court, The petitioner's representation seems to be not properly considered, point -wise. In order to satisfy this Court that the concerned authority has covered all the points raised in the petitioner's representation in the said order, the opposite parties filed a supplementary affidavit, giving some details.
(3.) WHEN this case is taken up today, the petitioner appeared in person and submitted that the same is a mere eye -wash to mislead this Court and, in fact, the petitioner's points raised in his representation has not been considered and there has been flagrant violation of the order of this Court. He claimed that the opposite parties themselves graded him as the best officer and selected for foreign assignment, but in the order the opposite parties have tried to show that he is inferior to the officers of his batch who have been given promotion to the rank of Major General. The order passed by the opposite parties does not disclose the detail of comparative superiority of those who have been given higher rank, ignoring the petitioner. He submitted that the opposite parties have not passed the order bone fidely arid in accordance with the direction of this Court.;