Uttarakhand High Court

CLCON/64/2008 of DAYA KRISHAN JOSHI Vs V.K. SRIVASTAVA on 30 December 2008

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Hon’ble B.C. Kandpal, J. Sri A.U. Siddiqui, Advocate holding brief of Mr. S.K. Shandilya, learned counsel for the petitioner. Mr. M.C. Tiwari, learned Standing Counsel for the respondent. This contempt petition U/S 10/12 of the Contempt of Court Act, has been filed for summoning the

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CLCON 64/2008

Sri A.U. Siddiqui, Advocate holding brief of Mr. S.K. Shandilya, learned counsel for the petitioner.

Mr. M.C. Tiwari, learned Standing Counsel for the respondent.

This contempt petition U/S 10/12 of the Contempt of Court Act, has been filed for summoning the respondent under the Contempt of Court Act for non-compliance of the court’s order dated 6.8.2007, passed in W.P. No.713/2004 (S/S), Daya Krishna Joshi Vs. State of Uttaranchal and others. The order passed by this court reads as under:- “In the circumstances, I deem it fit and proper to direct the respondent no.2 to take decision on the representation of the petitioner dated 13.08.2003 by speaking order within a period of six weeks from the date of production of a certified copy of this order before him.”

The counter affidavit along with affidavit of compliance has been filed by the General Manager, Uttarakhand Jal Sansthan (Kumaon Mandal), Nainital and the order by which the representation of the petitioner was been decided has been annexed as Annexure-1. The order dated 25-7-2008, deciding the representation of the petitioner shows that the matter of the petitioner has been considered in detail and thereafter it was found that the petitioner was not found fit for regularizarion.

I am of the view that the impugned order passed by this court has been complied with by the respondent. I do not find any force in this contempt petition. The contempt petition is accordingly dismissed. The notice issued against the respondent is hereby discharged.

Dated: 30-12-2008 ISB

(B.C. Kandpal, J.)

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