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TMI Blog2019 (4) TMI 246X X X X Extracts X X X X X X X X Extracts X X X X ..... for the order/direction issued by this Court. That at no point of time, he has ever intended to commit any defiance of the orders of this Court. He contends that neither the department nor the counsel appearing on behalf of the department have ever conveyed the sentiments of the Court. Hence he was not aware of the developments. It is contended that no notice was issued to him by this Court nor was he heard before passing strictures against him and imposing costs. Apex Court in the case of STATE OF KARNATAKA VS PUBLIC CONCERN FOR GOVERNANCE TRUST AND OTHERS, [2007 (1) TMI 548 - SUPREME COURT OF INDIA] to contend that the Courts must afford an opportunity of hearing to the concerned person before passing strictures against them. The co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal (CESTAT) and that even after having examined the order of the Tribunal, he did not find any reason to apply his mind and to follow the said order while passing the order in original. It was also brought to the notice of this Court that the finding of the Tribunal has attained finality and no appeal either before this Court or before the Apex Court has been preferred. 3. That after the transfer of the petitioner, another officer Sri Prashant Kumar Jha, Joint Commissioner (Legal) prepared the statement of objections dated 21.10.2017 and in para 7 it was pleaded that there were no new facts which necessitated going through the rigmarole or formality of hearing and is nothing but time wasting tactics being adopted by the petitioner . ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... private respondents. 8. Today, the learned counsel for the petitioner filed into court an affidavit of the petitioner. The same is taken on record. It is contended by the learned counsel for the petitioner that the petitioner was wholly unaware of the pendency of the proceedings and nature of proceedings subsequent to his transfer. It is deposed that the petitioner was not aware of the sentiments expressed by the Court nor was it ever intimated to him and that if he had been made known of the sentiments expressed by the Court, he would have taken immediate corrective steps and he further states that he has the highest regards for the order/direction issued by this Court. That at no point of time, he has ever intended to commit any defia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y learned senior counsel for the State of Maharashtra. The High Court has, in our view, erred in holding that by making a notation please put up the applicants had blessings of the then Chief Minister. In our opinion, the civil appeal at the instance of the State of Maharashtra is maintainable inasmuch as the observations and strictures made by the High Court shall affect the working and functioning of the office of the Chief Minister of the State of Maharashtra. The submission of learned senior counsel for the first respondent that the first respondent had learnt that these averments had been made on the basis of the recommendations by the Chief Minister or other high functionaries acting at his behest and that all the rules and norms ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order, the first appellate authority throwing to the winds, the principles of judicial discipline and binding order passed by higher appellate forum, not only reiterated his own stand, which were set aside by the Tribunal but the same is sought to be defended by the Department with the aforesaid words quoted above. The total callous, negligent and disrespectful behavior shown by the Departmental authorities in this court should not be tolerated at all. It is this kind of lack of judicial discipline which if it goes unpunished, will lead to more litigation and chaos and such public servants are actually a threat to the society is expunged. The writ petition is disposed off in the above terms. There shall be no order as to costs. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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