Madhya Pradesh High Court
D.P. Ojha vs Shri Ravindra Pastore on 20 November, 2017
THE HIGH COURT OF MADHYA PRADESH
CONC-2369-2013
(D.P. OJHA Vs SHRI RAVINDRA PASTORE)
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Jabalpur, Dated : 20-11-2017
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Ms. Jaya Laxmi Aiyer, learned counsel for the petitioners.
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Shri B.P. Pandey, learned counsel for respondents no.1 and 2.
Shri Sanjay Dwivedi, learned counsel for respondent no.1.
a hy Shri V.S. Pandey, learned counsel for respondent no.3. Shri Samdarshi Tiwari, learned counsel for the State.
ad This Court vide order dated 09.11.2017 has issued a notice to the M Chief Secretary, State of M.P. to file an affidavit to the effect that on what capacity the Nodal Officer has filed a reply as well as affidavit in of the present contempt petition. In complaince of the directions issued rt by this Court the Chief Secretary has filed his affidavit and in the said ou affidavit he has stated that the practice of appointing the Nodal Officer Incharge in the contempt matter has been withdrawn. It has further C been submitted that the Nodal Officer would have nothing to do with h the contempt proceeding. ig In para (1) of the said affidavit, the Chief Secretary has stated as H under-:
" 1. That as directed by this Hon'ble Court on 9.11.2017, the deponent respectfully submits that there is no provision of law prescribing appointment of "Nodal Officers"
to pursue the contempt cases on behalf of the alleged contemnors before this Hon'ble Court. However, there was practice to appoint Link Officer by individual department for the limited purpose of making coordination with the Office of Advocate General in the contempt matters like collecting copy of the contempt petition for communication with the concerned sh officer. The State Government through its e General Administration Department vide ad Circular dated 27.08.2012 objected to the practice of authorizing the Link Officer to Pr submit compliance report/return in the pending contempt cases, whereas the a practice of appointing "Officer Incharge" for hy dealing with the contempt cases was also ad deprecated. It was clarified that they cannot be any "Officer Incharge" on behalf of any M particular department to deal with the pending contempt cases, however, Link of Officer can be appointed on case to case basis by a particular department only for the rt purpose of coordinating with the Office of ou Advocate General. It has been clearly directed that the Link Officer shall not sign C any return/compliance report or affidavit in h the contempt cases and such pleading shall ig be submitted before the Court only under H the signatures of the respondent officer impleaded by name".
In view of the affidavit submitted by the Chief Secretary, counsel for respondents no.1 and 2 have filed an application i.e. I.A. No.16553/2017 for withdrawal of reply filed on behalf of respondents no.1 and 2.
Accordingly, the application is allowed and respondents No.1 and 2 are permitted to withdraw the reply as well as vakalatnama filed on behalf of the State.
This Court has also directed respondents no.1 and 2 to file the compliance report, failing which they were directed to remain personally present before this Court on the next date of hearing.
sh Respondents no.1 and 2 had filed an application i.e. I.A. e No.16452/2017 for exempting the personal appearance of respondents ad no.1 and 2.
Learned counsel for respondents no.1 and 2 submits that Pr respondent no.1 is retired in the year 2016 and respondent no.2 has a been sent on deputation to the Central Government in the month of hy March, 2017. In view of the aforesaid, he prays that respondents no.1 ad and 2 be exempted from the personal appearance before this Court.
I.A. No.16452/2017 is, therefore, allowed.
M Respondents no.1 and 2 are exempted from the personal of appearance before this Court.
Learned counsel for the petitioner submits that during the course rt of the day she would move an appropriate application for amending ou the cause title in the contempt petition. C List the case in the week commencing 11.12.2017. h ig (MISS VANDANA KASREKAR) H JUDGE Tabish Digitally signed by MOHAMMAD TABISH KHAN Date: 2017.11.24 10:54:05 +05'30'