ASHOK KUMAR GUPTA vs ANAND BARDHAN PRINCIPAL SECRETARY M/O ENVIRONMENT AND FOREST on 29 October 2026

1. The present CP has been filed alleging non-compliance and willful disobedience of order dated 11.07.2024 passed in O.A./142/2023 whereby the respondents were directed to take a decision based on the inquiry report submitted by the inquiry officer within a period of three months from the date of receipt of the certified copy of the order dated 11.07.2024.

2. Learned counsel for the applicant further submits that the respondents are willfully flouting the order dated 11.07.2024 and in spite of issuance of notice in the present CP on 25.04.2025, till date no compliance reply affidavit to the said order has been filed by the respondents and thus presses for initiation of contempt proceedings.

3. Learned counsel for the respondents, Mr. Kuldeep, submits that the respondents are in the process of passing/ taking a final decision on the inquiry report dated 09.10.2017 & 30.11.2017 and undertakes to file the decision so taken on record within a period of 7 days from today.

4. Learned counsel for the applicant vehemently opposes the prayer for further grant of time to the respondents for compliance of the order dated 11.07.2024, as the respondents have already willfully been flouting the said order.

5. Heard both the parties.

6. Hon'ble Supreme Court in case of Bijay Kumar Mahanty Vs. Jadu, reported in (2003) 1 SCC 644, Their Lordships held as under:- “5. It is of paramount public interest that the people, after obtaining an order of the court, should not feel helpless or without any remedy when such order is flouted.

6. In Advocate General, State of Bihar v. M.P. Khair Industries [(1980) 3 SCC 311 : 1980 SCC (Cri) 688] this Court said that: (SCC p. 315, para 7) “It may be necessary to punish as a contempt, a course of conduct which abuses and makes a mockery of the judicial process and which thus extends its pernicious influence beyond the parties to the action and affects the interest of the public in the administration of justice. The public have an interest, an abiding and a real interest, and a vital stake in the effective and orderly administration of justice, because, unless justice is so administered, there is the peril of all rights and liberties perishing. The court has the duty of protecting the interest of the public in the due administration of justice and, so, it is entrusted with the power to commit for contempt of court, not in order to protect the dignity of the court against insult or injury as the expression ‘contempt of court’ may seem to suggest, but, to protect and to vindicate the right of the public that the administration of justice shall not be prevented, prejudiced, obstructed or interfered with.”

7. The rule of law is the foundation of the democratic society. The judiciary is the guardian of the rule of law. If the orders of the court are disobeyed with impunity by those who owe an obligation to the society to preserve the rule of law, not only would individual litigants suffer, the whole administration of justice would be brought into disrepute.”

(emphasis supplied)

7. This Tribunal is conscious of the fact that while exercising restrain in inititiating the Contempt Proceedings, various opportunities have been afforded to the respondents to file compliance reply affidavit. On 26.10.2026, the respondents were directed to positively file compliance reply affidavit, failing which, the Tribunal observed that the concerned respondents may be summoned.

8. Having considered the submissions of learned counsel for the respondents, as a last indulgence, one more opportunity is granted to the respondents to file full compliance reply affidavit on or before the next date of hearing, failing which, we shall be constrained to summon the erring respondents to remain present before this Tribunal to explain the continued disobedience of the order dated 11.07.2024 of this Tribunal.

9. The Registry is directed to communicate a copy of the order passed today to the learned counsel for the respondents and the respondents through Speed Post and also through other modes for information and compliance.

10. List the case on 16.11.2026 for further consideration.

11. The order passed today is to be uploaded on the website.

12. Order Dasti.

Rajinder Kashyap Member (A) Ajay Pratap Singh Member (J) Karan ( steno 'd' )