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B. R. GAVAI, K. V. VISWANATHAN
Commnr. of Intermediate Education – Appellant
Versus
Y. Kumar Swamy – Respondent
JUDGMENT
B.R. GAVAI, J.
1. Leave granted.
2. The appeals challenge the judgment and order dated 29.11.2013 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad, thereby directing the appellants, who were the various officers of the State Government to remain present in the Court and show cause as to why an action for committing contempt of the Court be not initiated against them.
3. In a writ petition filed by the respondents, interim order(s) came to be passed by the High Court, directing that the writ petitioners shall be continued in service for a period of six weeks from the said date. However, on an application filed by the State, the interim order(s) came to be vacated.
4. The order vacating the interim order(s) specifically notes that the writ petitioners were not appointed on regular basis and that they were appointed on contractual basis. It also notes that subsequently the State had made regular appointments after undertaking a selection process through Public Service Commission.
5. While doing so, the State had also adopted the principle of last come first go with regard to the lecturers, who were already working on contractual basis.
6. In that view of the ma
The court ruled that the personal presence of Government Officers in contempt proceedings should not be casually mandated, emphasizing their duty to perform official responsibilities.
The court emphasizes the necessity for clear judicial directives in contempt proceedings to ensure compliance and efficient resolution of rights, rather than prolonging litigation.
(1) Power of High Courts to initiate contempt proceedings cannot be used to obstruct parties or their Counsel from availing legal remedies.(2) Chief Justice does not have power, under Article 229, to....
An appeal against a contempt order is maintainable only if it involves punishment for contempt; the court found justifiable reasons for the delay in compliance with the order.
Under Section 19(1) of the Contempt of Courts Act, 1971, an appeal can be filed only by the contemnor who had been punished for contempt of the Court.
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