THE HONOURABLE SRI JUSTICE RAJA ELANGO CONTEMPT CASE No.1305 OF 2011 ORDER: The present contempt case is filed by the petitioner alleging disobedience of order dated 21.1.2011 passed by this Court in Criminal Petition No. 2460 of 2009, whereby this Court on an earlier occasion observed as follows: “This Court is of the definite view that the investigating officer after completion of the investigation will forward a letter to the accused officer to explain his sources of income regarding the disproportionate assets concerned so that the accused officer will have a right to explain his submissions even prior to filing of charge sheet, if any. In view of the same, the investigating officer is directed to consider all the documents and explanations submitted by the petitioner herein and decide the issue in accordance with law.” This Court perused the said order. In the said order, this Court observed that it is the normal procedure in case of disproportionate assets that after completion of investigation, the Investigating Officer has to get explanation from the accused officer regarding his assets and the source by which he accumulated the same. The said order is not in the nature of any direction. But, it is an opinion expressed by this Court. Learned counsel for the petitioner vehemently contended that even though this is an observation, it should be considered in letter and spirit by the Officer concerned and hence the concerned Officer committed contempt of the order of this Court. Having perused the impugned order, this Court is of the view that the said act of the investigating officer cannot be called as a contempt, but at the same time, the petitioner, if aggrieved over the investigation of the case and non-calling for of any explanation from the accused officer, he is at liberty to challenge the charge sheet filed by the Investigating Officer, if he so desires. With the above observations, the Contempt Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 22.09.2011 pnb