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2019 (4) TMI 246 - HC - Indian LawsImposition of exemplary cost - failure to initiation of disciplinary action - 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 - Opportunity of hearing - Held that:- 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 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 contentions raised on behalf of the petitioner is not controverted by the counsel for the respondents and a perusal of the records also does not indicate as to whether any notice was sent to the petitioner or that he was put on notice or that he was aware of the sentiments expressed by this court. The said observations rendered without affording opportunity to the petitioner are required to be struck off - Accordingly it is struck off.
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