Allahabad High Court
Rajendra Kumar vs Balram Singgh, Additioal ... on 18 April, 2023
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 307 of 2023
Applicant :- Rajendra Kumar
Opposite Party :- Balram Singgh, Additioal District Magistrate
Counsel for Applicant :- Sanjay Kumar Mishra
Hon'ble Rohit Ranjan Agarwal,J.
Rejoinder affidavit filed today is taken on record.
Sri Sanjay Kumar Mishra, learned counsel for the applicant states that opposite party was not correct to reject the representation on 04.03.2023 on the ground that the applicant was not party in the proceedings before the Hon'ble Apex Court. According to him, the entire notification was quashed by the Apex Court as such the authorities were bound to restore his name. He further contends that once the notification goes all the consequential order goes.
Per contra, learned Standing Counsel submitted that writ Court while disposing of Writ-C No. 22882 of 2021 on 25.10.2021 had directed the opposite party to decide the representation which the authorities have done on 04.03.2023, a copy of which has been brought on record as Annexure-1 to affidavit of compliance.
After hearing counsel for the parties and perusing the material on record, I find that the only direction of writ Court was to the extent to decide the representation.
Section 2(b) of the Contempt of Courts Act defines civil contempt which is extracted hereasunder:
"Section 2(b):- "civil contempt" means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a Court"
Recently, the Apex Court in case of Dr. U.N. Bora, Ex. Chief Executive Officer and others Vs. Assam Roller Flour Mills Association and another 2022 (1) SCC 101 has held as under:-
"8. We are dealing with a civil contempt. The Contempt of Courts Act, 1971 explains a civil contempt to mean a wilful disobedience of a decision of the Court. Therefore, what is relevant is the "wilful" disobedience. Knowledge acquires substantial importance qua a contempt order. Merely because a subordinate official acted in disregard of an order passed by the Court, a liability cannot be fastened on a higher official in the absence of knowledge. When two views are possible, the element of wilfulness vanishes as it involves a mental element. It is a deliberate, conscious and intentional act. What is required is a proof beyond reasonable doubt since the proceedings are quasi-criminal in nature. Similarly, when a distinct mechanism is provided and that too, in the same judgment alleged to have been violated, a party has to exhaust the same before approaching the court in exercise of its jurisdiction under the Contempt of Courts Act, 1971. It is well open to the said party to contend that the benefit of the order passed has not been actually given, through separate proceedings while seeking appropriate relief but certainly not by way of a contempt proceeding. While dealing with a contempt petition, the Court is not expected to conduct a roving inquiry and go beyond the very judgment which was allegedly violated. The said principle has to be applied with more vigour when disputed questions of facts are involved and they were raised earlier but consciously not dealt with by creating a specific forum to decide the original proceedings."
This Court finds that as the only direction was to the extent to decide the representation which the authorities have done on 04.03.2023, the contempt Court while exercising contempt jurisdiction cannot delve into the disputed question of fact and the argument raised at Bar by the petitioner counsel cannot be appreciated and dealt with under contempt jurisdiction while exercising power under Section 12 of the Act. It is the writ Court who will decide the matter on merits as held by Hon'ble Apex Court in case of Dr. U.N. Bora (supra).
As the order of writ Court has been complied with by the authorities on 04.03.2023, contempt application fails and is hereby dismissed.
Order Date :- 18.4.2023
V.S.Singh
