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1962 Supreme(SC) 35

S.K.DAS, K.SUBBA RAO, RAGHUBAR DAYAL, S.R.DASS
Pratap Singh – Appellant
Versus
Gurbaksh Singh – Respondent


Advocates:
B.K.Khanna, Bhagat Singh Chawla, K.L.Hathi, K.R.CHAUDHARY, P.D.MENON

Judgment

S. K. DAS, J. (for himself and K. SUBBA RAO, J.): These are two appeals on certificates granted by the Punjab High Court under Art. 134 (1) (c) of the Constitution. They have been heard together and this judgment will govern them both.

2. The appeals are from the judgment and order of the said High Court dated November 5, 1958, by which it found the two appellants guilty of an offence punishable under S. 3 of the Contempt of Courts Act, 1952 (32 of 1952) and directed them, by way of punishment, to abandon the departmental proceedings which had been taken against the respondent Gurbaksh Singh for an alleged contravention of the instructions contained in a circular letter dated January 25,1953 issued by the Chief Secretary to the Punjab Government and warned them against complying with the said instructions.

3. The relevant facts are these. Gurbaksh Singh, respondent in the two appeals, was a Forester in the Punjab Forest Department. Pratap Singh, appellant in Criminal Appeal No. 128 of 1959, was, at the relevant time, Chief Conservator of Forests, Punjab. Bachan Singh, appellant in the other appeal, was Divisional Forest Officer, Amritsar. It appears that in the year 1950 the




























































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