Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7096 of 2018 Applicant :- Salim Khan Opposite Party :- Dharmendra Singh Counsel for Applicant :- Nikhil Mishra,Swapnil Rastogi
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant.
The writ court had disposed of the petition vide order dated 04.10.2018. The operative portion of the order reads thus:
"Having due regard to the facts and circumstances of the case, we are of the view that the matter is still pending consideration before the appropriate authority, who has to take decision in terms of the provisions of the Passport Act and the Rules framed thereunder. Hence, without expressing our opinion of the merits of the case, we find that the ends of justice would be subserved by issuing a direction upon the second respondent to pass an appropriate and reasoned order on the reply submitted by the petitioner to the show cause notices dated 13th December, 2017 and 10th January, 2018, after furnishing opportunity to the petitioner, expeditiously, preferably within a period of two months from the date of communication of this order. Having regard to the facts of this case we further direct that till the decision is taken by the second respondent the petitioner shall not be coerced to surrender his passport.
Accordingly, the writ petition is disposed of. No order as to costs."
Pursuant thereof, an order dated 22.11.2018 has been passed by the Assistant Passport Officer (Policy) rejecting the representation of the applicant.
Learned counsel for the applicant contends that the writ court order has been flouted for the reason: (i) the representation has not been decided by the Regional Passport Officer; (ii) the applicant was not given opportunity of personal hearing.
Be that as it may, in my opinion, there is no wilful and deliberate disobedience in complying the writ court order.
On specific query, learned counsel for the applicant is unable to point out that the Assistant Passport Officer is not the competent authority under the Act/Rules to consider and decide the representation.
The contempt petition being devoid of merit is accordingly dismissed with liberty to the applicant to assail the order before the appropriate forum in accordance with law.
Order Date :- 21.12.2018 K.K. Maurya