Point of Law: Contempt - Appellant can be exonerated for contempt of court giving benefit of doubt as he tendered unconditional apologies sincerely for the delay in implementation of the order of the court with all consequential benefits.

JUDGMENT :

Ahsanuddin Amanullah, J.

Heard Mr. C. V. Mohan Reddy, learned Senior Counsel assisted by Mr. C. Sumon, learned counsel for the appellant, and Mr. Parthasaradhy Achuta, learned counsel for the respondent/writ petitioner.

2. The instant appeal is preferred under Section 19(1) of The Contempt of Courts Act, 1971 (hereinafter referred to as the ‘Act’), by way of which the appellant impugns the Judgement and Order dated 21.10.2021 penned by the learned Single Judge in Contempt Case No.722 of 2021.

3. The learned Single Judge, upon analysis, was pleased to hold:

‘4. In the circumstances, this Court has no hesitation in holding that the respondent has committed a clear and unequivocal violation of the orders of this Court amounting to deliberate disobedience of the orders of this Court. Accordingly, the respondent has committed contempt of the orders of this Court.

5. In view of this clear contempt, the respondent is sentenced to simple imprisonment for a period of four weeks and a fine of Rs.2,000/- (Rupees two thousand only) payable within two weeks from the date of this order. Failing which, the respondent shall be liable for further simple imprisonment of two weeks.

6. This order is suspended for a period of four weeks to enable the respondent to file an appeal against this order if he so chooses.’

4. On 19.11.2021, we directed that the sentence imposed on the appellant be kept in abeyance till 30.11.2021. On 30.11.2021, in view of our order dated 19.11.2021, the learned Division Bench-I, before whom the matter was listed directed to post the case before us in the post-lunch session. Thereupon, we heard arguments in part and continued the interim order till 07.12.2021.

5. Our order dated 07.12.2021 is reproduced herein below:

“Heard Mr. C. V. Mohan Reddy, learned Senior Counsel assisted by Mr. C. Sumon, learned counsel for the appellant, and Mr. Parthasaradhy Achuta, learned counsel for the respondent/writ petitioner.

2. The present appeal is directed against Judgement and Order passed by the learned Single Judge in Contempt Case No.722 of 2021, whereby the appellant, upon his conviction for having committed contempt of Court, has been sentenced to undergo simple imprisonment for a period of four weeks and subjected to a fine of INR 2,000/- payable within two weeks from the date of the order, failing which he would be liable for further simple imprisonment of two weeks.

3. The respondent had preferred Writ Petition No.8724 of 2020 to declare that the proceedings initiated against him dated 30.12.2019 placing him under suspension be quashed and therein, vide I.A.No.1 of 2020, a prayer was made that the order dated 30.12.2019 be suspended. The learned Single Judge by order dated 13.08.2020 had passed interim direction in terms of the prayer made in the said I.A.No.1 of 2020. On account of noncompliance of the order dated 13.08.2020, the respondent instituted Contempt Case No.722 of 2021. After hearing the appellant, final order convicting him and sentencing him to imprisonment and imposing fine came to be passed, which is under appeal herein.

4. Learned Senior Counsel for the appellant submitted that the judgement and order is disproportionate and unfair, in light of the facts and circumstances of the present case and prayed for this Court’s interference. It was submitted that the learned Single Judge misconstrued the stand of the appellant in his counter-affidavit and the additional counter-affidavit and treated the same as an admission of guilt by him. It was submitted that in the first counter-affidavit, paragraph no.3, which has been quoted by the learned Single Judge, is with reference to communication received by the appellant dated 25.09.2020 from the Government and the action taken by him on the same. Thereafter, submitted learned Senior Counsel, the learned Single Judge has referred to the additional counter-affidavit filed by him affirmed on 22.09.2021 in which the learned Single Judge has noted that the appellant’s stand w