Heard learned counsel for the applicant.
The writ petition filed by the applicant-petitioner challenging the cancellation of his fair price shop license as well as the appellate order dismissing the appeal was allowed by this Court mainly on the ground that the petitioner was not permitted to participate in the enquiry proceedings. The respondents were further directed to hold fresh enquiry in the matter after affording opportunity to the petitioner to participate in the enquiry and complete the process within a period of two months from the date of production of a certified copy of the order.
The applicant filed the contempt application alleging that fresh enquiry as directed by this Court has not been completed within two months.
An affidavit of compliance has been filed on behalf of opposite party no. 2 alleging that charge sheet and supplementary charge sheet were served upon the applicant on 23.11.2011 and 26.12.2011. In response whereof, he submitted his reply on 2.12.2011 and 16.01.2012. In the supplementary charge-sheet, it was clearly stated that if the applicant wants perusal/inspection of any record or personal hearing in the matter then he may inform the enquiry officer but neither any demand of inspection of record was made in the reply nor the applicant requested for any personal hearing. It is further mentioned in the affidavit that after completing the entire exercise, the order dated 17.01.2012 has been passed. Finding large number of irregularities committed by the applicant, the authority found that fair price shop licence of the applicant-petitioner was not liable to be reinstated nor the earlier order cancelling the same was liable to be recalled or reviewed.
Learned counsel for the applicant has tried to assail the order on merits.
Contempt Court is neither required nor entitled to look into the merits of the order but it is only to ensure the compliance of the orders passed by this Court. It is always open to the applicant to avail such remedy as may be available to him under law against the order passed by the authority but the same cannot be tested in contempt jurisdiction.
Though, there has been some delay on the part of the authority in carrying out the order but in view of unconditional apology tendered by the opposite party and the order having been complied, the Court does not intend to proceed any further in the matter.
The contempt notices are discharged and the contempt application is consigned to record.
Order Date :- 20.3.2012 Dcs