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SUPREME COURT OF INDIA
G.B. Pattanaik and N. Santosh Hegde, JJ.
C.P. No. 317 of 1997 in LA. No. 36 In W.P. (C) 4677/85
Decided On: 23.09. I 999
K.L. Arora Appellants
versus
S.S. Prasad and Anr. Respondent
Contempt - Non-payment of compensation - Pendency of departmental proceeding
Fact of the Case:
Contempt Petition filed for non-compliance with court order directing payment of compensation
Finding of the Court:
Court dismissed the Contempt Petition due to the pendency of a departmental proceeding, indicating that the non-payment was not a deliberate violation of the Court's orders
Issues: Allegation of non-compliance with court order for compensation payment
Ratio Decidendi: Non-payment not due to deliberate violation but pendency of departmental proceeding
Final Decision: Contempt Petition dismissed
ORDER
1. This Contempt Petition has been filed on the allegation that the order of this Court dated
4.] 2.1996, directing payment of compensation has not been complied with. Pursuant to the notice issued by this Court, a showcause has been filed clearly indicating therein that the applicant is facing a departmental proceeding on the allegation of misappropriation of huge funds of the Company and until and unless that departmental proceeding is concluded, question of making any payment pursuant to the order of this Court would not arise. In view of the stand taken by the Management in the show cause filed, we see no justification for initiating a contempt proceeding, as in our view the non-payment of the alleged due is not on account of any deliberate violation of the Courts orders, but on account of the pendency of a departmental proceeding.
2. The Contempt Petition is accordingly dismissed.
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