A division bench of justices Sanjay Kishan Kaul and Indermeet Kaur said "we would accept the contents of the petition as she failed to file the counter affidavit despite several opportunities to her."
The court's detailed order is yet to come.
The court's observation came after the petitioner Sunita Bhardwaj, a lawyer, contended that due to her repeated failure to file the counter affidavit, the court had imposed a cost of Rs 5,000 on her on the last date of hearing.
The counsel, appearing for the CM, sought more time to file the counter affidavit.
The court was hearing Bhardwaj's plea seeking the setting aside of an order of the competent authority (in Home Ministry which deals with Lokayuktas' reports) alleging that instead of "cautioning" Dikshit diluted effect of Lokayukta's report and asked Delhi government officials to be "more careful" in future.
Delhi Lokayukta had, on July 18, 2011, submitted a report to the Lt Governor recommending the issuance of "caution' against the Chief Minister asking her to be "more careful" in publication of her messages. The report was sent to the office of the President, the petition said.