Manoj Kumar v. Krishna Chaudhary

#42 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 979/2016 & CM APPL. 30388/2016 MANOJ KUMAR ..... Petitioner Through Mr. Srinivasa Rao K., Advocate versus KRISHNA CHAUDHARY ..... Respondent Through Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh, Advocate

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 22.08.2016 Present contempt petition has been filed alleging wilful disobedience of the order dated 21st March, 2016 passed in W.P.(C) 2417/2016 whereby a direction was issued to the respondents to decide petitioner's appeal on merit by passing a speaking order under written intimation to him. Learned counsel for the petitioner states that though the petitioner's appeal has been disposed of vide order dated 3rd June, 2016, however, the order on the petitioner's appeal has been passed by the Deputy Inspector General of ITBP, who did not have the authority to pass the said order. He contends that the ITBP Act has conferred the said power only on the Director General of ITBP.

However, this Court is of the opinion that the aforesaid submission cannot form basis for filing of the present contempt petition. If the

petitioner wishes to challenge the order dated 3rd June, 2016 on the said ground, he is at liberty to file appropriate proceedings in accordance with law.

With the aforesaid liberty, present contempt petition and application are disposed of.

MANMOHAN, J AUGUST 22, 2016 rn