The brief facts of the case, as set out in the contempt application follows:

Similar documents
Managing Director, Kanpur Electricity Supply Company Ltd. (KESCO) 14/71, Civil Lines, Kanpur Petitioner. ORDER (Hearing on

THE BAR COUNCIL OF RAJASTHAN

fgekpy izns k ljdkj iz kklfud lq/kkj laxbua vf/klwpuk

jktlfkku d`f"k fo'ofo ky;] chdkusj ¼uke ifjorzu½ fo/ks;d] 2009

PLEA BARGAINING. A new concept

RE-TENDER DOCUMENT FOR SUPPLY OF GENERAL STATIONERY AND COMPUTER STATIONERY ITEMS IN HIGH COURT LUCKNOW BENCH, LUCKNOW

WRIT PETITION No of Anil Kumar Jain. Versus. State of Chhattisgarh & others.

THE SALARY AND ALLOWANCES OF THE CHIEF WHIP IN THE LEGISLATIVE ASSEMBLY OF THE NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) BILL, 2015 A BILL

ubz fnyyh] 28 tqykbz] 2017

jkti=] fgekpy izns'k] 10 uoecj] dkfrzd] 1937 vkcdkjh,oa djk/kku fohkkx vf/klwpuk f keyk&2] 7 uoecj] 2015

fof/k fohkkx &&&&&&&&&& vf/klwpuk,a 17 vxlr 2016

THE LEADER OF OPPOSITION IN THE LEGISLATIVE ASSEMBLY OF THE NATIONAL CAPITAL TERRITORY OF DELHI (SALARIES AND ALLOWANCES) (AMENDMENT) BILL, 2015 A

Total quantities of surveying work. Places at which to be delivered

Total quantities of surveying work. Places at which to be delivered

lnl;ksa dh ny ifjorzu ds vk/kkj ij fujgzrk

MADHYA PRADESH ACT NO. 22 OF 1996 THE GWALIOR VYAPAR MELA PRADHIKARAN ADHINIYAM, 1996.

ICAR-Central Institute for Subtropical Horticulture Rehmankhera, P.O. Kakori, Lucknow (India) Phone: (O) , ; Fax:

Government of Himachal Pradesh Printing & Stationery Department No: Mudran (B)10-9/2010 Dated Shimla-2 the

Tender Document GOVERNMENT MEDICAL COLLEGE, HALDWANI.

The Code of Criminal Procedure (Delhi Amendment) Bill, 2015 BILL. To further amend the Section 176 of the Code of Criminal Procedure, 1973.

e/;izns k ekuo vf/kdkj vk;ksx i;kzokl Hkou] [k.m&1] vjsjk fgyl] Hkksiky buvuzf ki ;kstuk

HIGH COURT OF CHHATTISGARH, BILASPUR. Writ Petition (C) No.3341 of Order reserved on: Order delivered on:

Government of Himachal Pradesh Printing & Stationery Department No: Mudran (B)10-4/2011 Dated Shimla-2 the

jkt; lwpuk vk;ksx fgekpy izns'k vf/klwpuk

No. Fin.I-C(14)-1/83 Government of Himachal Pradesh Finance-F- Section. The F.C. Cum-Secretary(Finance) to the Government of Himachal Pradesh.

JAWAHAR NAVODAYA VIDYALAYA, FATEHPUR RAJPUTAN, DISTRICT PATIALA (PB) TENDER NOTICE

NOTICE INVITING TENDER

ANNEXURE I VERIFICATION

80 e/;izns'k 'kklu forr fohkkx %% ea=kky; %oyyhk Hkou]Hkksiky &462002

fgekpy izns'k ljdkj ou fohkkx vkns'k f'keyk&2] 16 vdrwcj] 2014

Government of Himachal Pradesh Administrative Reforms organization.

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. Civil Writ Petition No / 2017

dsunzh; ek/;fed f k{kk cksmz

Hkkjr of India Hkkjrh; iqjkrro Survey of India Tkks/kiqj eamy] Circle.

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. Civil Writ Petition No / 2015

THE HIMACHAL PRADESH LAW DEPARTMENT MANUAL

Jiwaji University, Gwalior. Tender Form

Tender document against Short Term Tender No. 134/EUCC (V)/LESA/ Purchase of Slitted Craft paper of size 2.5x8 & 2.5x6 MM.

fof/k fohkkx vf/klwpuk f'keyk&2] 23 flrkecj] 2011

OFFICE ADMINISTRATION AND PROCEDURE

[kk,oa mihkksdrk laj{k.k fohkkx

Hkkjr ljdkj Hkkjrh; iqjkrro losz{k.k Tkks/kiqj eamy] tks/kiqj. fufonk lwpuk

fgekpy izns k ljdkj jktlo fohkkx rkjh[k f keyk&2 12 flrecj] vf/klwpuk

IN THE HIGH COURT OF DELHI AT NEW DELHI

BEFORE THE UTTAR PRADESH ELECTRICITY REGULATORY COMMISSION LUCKNOW

thokth fo'ofo ky;] Xokfy;j

Bihar Cooperative Societies Rules, 1959

IN THE GAUHATI HIGH COURT

jk"vªh; mihkksdrk fookn fuokj.k vk;ksx

IN THE HIGH COURT OF KARNATAKA, BENGALURU BEFORE. THE HON'BLE Dr.JUSTICE VINEET KOTHARI. WRIT PETITION No.37514/2017 (T-RES)

OFFICE: - ELECTRICITY DISTRIBUTION DIVISION (TANDA)

Two Part Bid (TECHNICAL BID)

Short Term Tender no.91/eudc (VIII)/LESA/

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE W.P.(C) 6034/2013 DATE OF DECISION :

versus CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J. 1. In this writ petition filed by the petitioner, the challenge is made to

ii) The respondent did not furnish a Bank Guarantee for the amount of Rs crores and also did not pay the service tax payable on the said amount

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR RECOVERY Date of decision: 17th July, 2013 RFA 383/2012. Versus

MISCELLEANEOU APPEAL UNDER ORDER 43 RULE 1(k) OF CODE OF CIVIL PROCEDURE, 1908.

'kqøokj] 11 flrecj] Hkknzin] fgekpy izns'k ljdkj LANGUAGE, ART AND CULTURE DEPARTMENT NOTIFICATION. Shimla-2, 10th September, 2015

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

Jiwaji University, Gwalior Tender Form

Contempt of Courts (CAT) Rules, Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975

ljdkjh xtv] mrrj izns k

fcgkj yksd lsokvksa dk vf/kdkj vf/kfu;e 2011

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW. Original Application No. 113 of Monday, this the 17 th day of April, 2017

Through: Mr. Deepak Khosla, Petitioner in person.

CIVIL APPEAL NO OF 2018 (Arising out of SLP(C) No of 2016) MOHD. SAHID AND OTHERS.Appellants VERSUS J U D G M E N T

HIGH COURT OF CHHATTISGARH, BILASPUR

Tender Notice & Documents for Printing of Examinations Booklet/

2010 dk fo/ks;d la- 15 jktlfkku d`f"k tksrksa ij vf/kdre&lhek vf/kjksi.k ¼la'kks/ku½ fo/ks;d] 2010 ¼tSlkfd jktlfkku fo/kku lhkk esa iqj%lfkkfir fd;k

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : EXCISE ACT, 1944 CENTRAL EXCISE ACT CASE NOS. 48/2012 & 49/2012 Date of decision: 2nd August, 2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2467/2015

A.F.R. RESERVED ALONG WITH

A FORTNIGHTLY VAT/GST LAW REPORTER 2003 NTN 22) [ALLAHABAD HIGH COURT]

** vf/klwpuk ** Bhopal 10 th April, 2007

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 925/2015 Reserved on: Date of Decision: versus

THE TAMIL NADU ELECTRICITY REGULATORY COMMISSION

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5096/2015 & Crl.M.A /2015 Date of Decision : January 13 th, 2016.

THE GAUHATI HIGH COURT AT GUWAHATI

ARTICLES OF AGREEMENT made at this. Day of two thousand and between the President of India hereinafter called the Government of the one part and

IN THE HIGH COURT OF DELHI AT NEW DELHI. SUBJECT : Delhi Land Revenue Act, Reserved on: January 27, Pronounced on: February 22, 2012

Government of Himachal Pradesh Department of Training & Foreign Assignment. No. Per (Trg. ) A(3)-3/87-II Dated Shimla , the 18 th March, 2008.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE. Judgment reserved on: Judgment pronounced on:


$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1519/2003. versus. % Date of Decision: 14 th March, 2016 CORAM: HON'BLE MR.

IN THE HIGH COURT OF ALLAHABAD. Civil Misc. Writ Petition No of Decided On:

GOVERNMENT OF HIMACHAL PRADESH HOME DEPARTMENT

vkns k dh frffk Date of Order:- tkjh djus dh frffk Date of Issue:-

(Delivered by Hon'ble Rakesh Srivastava, J.)

NOTIFICATION AMENDMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD. SPECIAL CIVIL APPLICATION NO of 2015

jftlvªh lañ Mhñ,yñ 18 REGISTERED NO. DL (N)04/0007/ vlk/kkj.k EXTRAORDINARY Hkkx II [k.m 2 PART II Section 2 izkf/kdkj ls izdk

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : LAND ACQUISITION. CM No of 2005 in W.P. (C) No of 1987

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW. Execution Application No. 154 of Tuesday, the 21 st day August, 2018

TENDER DOCUMENT FOR UNIVERSITY RATE CONTRACT FOR ONE YEAR ( )

.. IN HIGH COURT OF DELHI:AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. I.A. No /2006 in C.S.(OS) No.795/2004

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 3 RD DAY OF FEBRUARY, 2014 B E F O R E THE HON BLE MR. JUSTICE A.N.

IN THE HIGH COURT OF DELHI AT NEW DELHI. AA No.396/2007. Date of decision: December 3, Vs.

IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION CONTEMPT PETITION (CRIMINAL) NO. 2/2012 IN CIVIL APPEAL NO. 8398/2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A No. 15 Of

Transcription:

Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3671 of 2010 Petitioner :- Ram Sakha Singh Respondent :- Sunil Kumar Chaudhary, State Chief Information Commissioner, Petitioner Counsel :- Dhirendra Kr. Srivastava Respondent Counsel :- S.C. Hon'ble Shashi Kant Gupta,J. This contempt application has been filed for the alleged violation of the order dated 26.11.2009 passed by this court in Civil Misc. Writ Petition No. 64204 of 2009. The brief facts of the case, as set out in the contempt application follows: are stated as The applicant, who is a retired village Panchayat Officer, made a request for obtaining information regarding disbursement of fund under several Schemes, job cords, meeting of several committees, constructions etc. under Section 6 of Right to Information Act, 2005 ( hereinafter referred to as the 'Act') to the Block Development Officer, Manda, District Allahabad on 27.5.2009 and the requisite fee was also deposited by the applicant. Since the Block Development Officer Manda did not furnish the required information, the applicant preferred an appeal before the opposite party, the State Chief Information Commissioner, Lucknow under section 19 of the said Act. Since the opposite party did not pass any order on the said appeal of the applicant, he approached this Court by filing a writ petition, being Civil Misc. Writ Petition NO. 64204 of 2009, which was disposed of on 26.11.2009 with a direction to the opposite party to dispose of the application/ appeal dated 1.8.2009 of the applicant already pending before him within a period of two months from the date of production of a certified copy of the

order before him. According to the applicant, when despite order of this court, no order was passed by the opposite party, he again approached this court by filing contempt application no. 1135 of 2010 which was finally disposed of on 19.3.2010 directing the opposite party to decide the said application within a month from the date of receipt of the said order. When, despite the above orders having been passed by this court, no order was passed by the opposite party, the applicant again approached this court by filing the present second contempt application and this court by order dated 3.8.2010 issued notice to the opposite party granting one more opportunity to comply with the order of this court. Heard the learned counsel for the applicant, Counsel for the opposite party and perused the record. Mr. K. R. Singh, learned Standing After receipt of the notice, an affidavit of compliance has been filed by the opposite party and the averments made in paragraphs 7 and 8 thereof, which are very relevant for the purpose of the present case, run as under: 7. That, it is stated that the order dated 26.11.2009 passed by this Hon'ble Court stood complied with, with the disposal of the application dated 1.8.2009 on 18.1.2010. It is stated that the application was filed by the applicant on 1.8.2009 before the State Information Commissioner was taken up on 4.1.2010, on which date the applicant was present. In his presence the next date was fixed as 18.1.2010. On 18.1.2010, the applicant was present but nobody had appeared on behalf of the opposite parties and therefore a detailed order was passed by the deponent on 18.1.2010, in the presence of the applicant. Photostat copies of the order passed on 4.1.2010 as well as final order dated 18.1.2010 are being annexed herewith and marked as Annexure Nos. 1 and 2 to this compliance affidavit. 8. That, from the aforesaid facts, it is apparent on the face of record that the allegations with which the present contempt application as well as the earlier contempt application were filed is totally baseless and false.

Referring to the above averments, learned Standing Counsel submitted that a detailed order was passed on 18.1.2010 in the presence of the applicant whereby penalty of Rs. 250/- each day till information is furnished to the applicant subject to payment of the maximum penalty of Rs. 25000/- was imposed upon the State Public Information Officer. At this juncture, it would be useful to refer to the orders dated 4.1.2010 and 18.1.2010 passed by the opposite party under section 19 of the Right to Information Act, 2005, which are reproduced as under: f'kdk;r la[;k&,l 7@2743 @lh @09 ekuuh; Jh lquhy dqekj pks/kjh jkt; lwpuk vk;qdr vkns'k oknh mifl Fk r gs A izfroknh dh vksj ls dksbz Hkh miflfkr ugh gsa oknh }kjk crk;k x;k fd mugs okafnr lwpuk, miyc/k ugh djkbz xbz gsa izfroknh tu lwpuk vf/kdkjh dk;kzy; [k.m fodkl vf/kdkjh fodkl [k.m ek.mk bykgkckn dks LihM ikslv ls uksfvl tkjh dh tk;s fd os vxyh frfkh dks miflfkr gksdj dkj.k crk;s fd oknh dks okafnr lwpuk; fuf'pr le;kof/k esa miyc/k u djk;s tkus ds dkj.k D;ks u muds fo:} lwpuk vf/kdkj vf/kfu;e 2005 ds izko/kkuksa ds vurzxr n.mkred dk;zokgh dh tk;s\ vius Li"Vhdj.k ds lkfk tu lwpuk vf/kdkjh dk;kzy; [k.m fodkl vf/kdkjh fodkl [k.m bykgkckn vxyh frffk dks vk;ksx esa O;fDrxr :i ls miflfkr gksxs A bl okn dh vxyh lquokbz fnukad 18&01&2010 dks gksxha 04&01&2010 ekuuh; Jh lquhy dqekj pks/kjh jkt; lwpuk vk;qdr vkns'k f'kdk;r la[;k&,l 7@2743 @lh @09

oknh miflfk r gsa izfroknh dh vksj ls dksbz Hkh miflfkr ugh gsa oknh }kjk crk;k x;k fd mugs okafnr lwpuk, miyc/k ugh djkbz xbz gsa finyh frfkh dks tu lwpuk vf/kdkjh dk;kzy; [k.m fodkl vf/kdkjh fodkl [k.m ek.mk bykgkckn dks LihM ikslv ls uksfvl tkjh dh mugs ;g Li"V djus ds fy;s ;g dgk x;k Fkk fd muds }kjk oknh dks okafnr lwpuk;s miyc/k u djk;s tkus ds dkj.k D;ks u muds fo:} lwpuk vf/kdkj vf/kfu;e 2005 ds izko/kkuksa ds vurzxr n.mkred dk;zokgh dh tk;s\ vk;ksx dh uksfvl ds dze es vkt Hkh izfroknh dh vksj ls dksbz Hkh miflfkr ugh gsa muds }kjk dksbz Li"Vhdj.k Hkh vk;ksx esa izlrqr ugh fd;k x;k gsa mijksdr ifjflfkfr;ksa esa izfroknh tulwpuk vf/kdkjh dk;kzy; [k.m fodkl vf/kdkjh fodkl [k.m ek.mk bykgkckn ij oknh ds ewy izkfkzuk i= fnukad 27&05&2009 ds dze esa lwpuk,a u miyc/k djk;s tkus ds dkj.k 250@ :i;sa izfrfnu dk vkffkzd n.m vf/kjksfir fd;k tkrk gs ftldh vf/kdre lhek 25000@gtkj :i;s rd gks ldrh gsa vkt ds vkns'k dh izfr jftlvmz Mkd ls ftyk iapk;r jkt vf/kdkjh bykgkckn dks izsf"kr dh tk;s tks oknh ds ewy izkfkzuk i= fnukad 27&05&2009 ds,d ekg ckn ls lwpuk,a fn;s tkus rd 250@ :i;sa dh nj ls vf/kdre 25000 :i;s izfroknh lsa n.m dh olwyh fd;k tkuk lqfuf'pr djsa izlrqr izdj.k esa [k.m fodkl vf/kdkjh ek.mk bykgkckn dks tu lwpuk vf/kdkjh? kksf"kr djrs gq, mugs ;g funszf'kr fd;k tkrk gs fd oknh dks okafnr lwpuk,a vk;ksx ds vkt ds vkns'k dks izkir djus dh frfkh ls,d ekg ds vunj oknh dks miyc/k djk;k tkuk lqfuf'pr djsxsa vky ds vkns'k dh izfr [k.m fodkl vf/kdkjh ek.mk bykgkckn dks jftlvmz Mkd ls izsf"kr dh tk;sa mijksdr funsz'k ds lkfk okn dks fulrkfjr fd;k tkrk gsa Sd/- 18.1.2010 Per contra, learned counsel for the applicant submitted that neither a copy of the aforementioned order dated 18.1.2010 was served upon the applicant nor the same was passed in his presence, as such the applicant was not aware of the aforementioned orders dated 4.1.2010 and 18.1.2010. He further submits that had he been aware about the said orders, he would have definitely not filed the contempt applications. A bare perusal of the orders dated 4.1.2010 and 18.1.2010, as referred to herein above, clearly goes to show that the said orders were passed by the opposite party in presence of the applicant and consequently, after passing of the said order dated 18.1.2010, the order of the writ court stood complied with, but even then the applicant filed two contempt applications concealing the said material fact. It is also notable that the averments made in the affidavit of compliance, which was

filed on 21.9.2010, has not even been rebutted by the applicant by filing reply to the said affidavit. Failure of the applicant to file reply to the affidavit of compliance amounts to admission of the facts alleged in the affidavit of compliance, particularly the orders passed by the opposite party recording the presence of the applicant. The aforementioned facts clearly go to show that a fraud has been played upon the Court by concealing the material fact that the orders dated 4.1.2010 and 18.1.2010 were passed by the opposite party in compliance of the order dated 26.11.2009 passed by the writ court in Civil Misc. Writ Petition No. 64204 of 2009. Filing of this kind of applications not only wastes the time of the court but also amounts to abuse of the process of the Court and as such the litigant is not required to be dealt with lightly. In order to sustain and maintain sanctity and solemnity of the proceedings in law courts, it is necessary that the parties should not make false or knowingly, inaccurate statements or misrepresentation and/or should not conceal material facts with a design to gain some advantage or benefit at the hands of the Court, when a Court is considered as a place where truth and justice are the solemn pursuits. If any party pollutes or attempts to pollute the purity of the fountain of justice and thus commits a serious wrong to the court and to the society as a whole of which it is not desirable and indeed is dangerous to take a lenient view. In view of what has been discussed above and considering the submissions made by the learned counsel for the parties and perusing the materials available on the record, in order to meet the ends of justice, I am of the opinion that imposition of costs would meet the ends of justice which I quantify to be Rs. 50,000/-( Rupees fifty thousands only).

In the result, this contempt application is dismissed with exemplary costs of Rs. 50,000/- (Rupees fifty thousands only). The applicant is directed to deposit the said costs with the Registrar General of this Court within 45 days from today by means of a Bank Draft drawn in his favour, and the amount, if so deposited, shall be remitted to the Mediation and Conciliation Center, High Court, Allahabad. In case of default in depositing the said money within the stipulated period, the same shall be recovered from the applicant as arrears of land revenue by the Collector, Allahabad. Let a copy of this order be placed before the Registrar General of this Court to ensure necessary compliance of this order. A copy of this order may also be sent to the District Magistrate, Allahabad for necessary follow up in the matter. Order Date 12.11.2010 MLK