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2003 Supreme(Bom) 735

IN THE HIGH COURT OF BOMBAY
(NAGPUR BENCH)
Kochar R.J. Kharche S.T., JJ.
Prakash Watkar (Dr.) .... Appellant.
Versus
Sadhana Shashikant Waikar (Dr.) others.... Respondents.
Contempt Appeal No. 4 of 2003 in Contempt Petition No. 44 of 2003 in Writ Petition No. 2994 of 2002, decided on 8-7-2003.
Advocates appeared :
C.S. Kaptan, for petitioner.
A.R. Patil, for respondent No. 3.
C.R. Khati S.C. Khati, for respondent Nos. 1 to 6.
V.R. Thakur H.V. Thakur, for respondent Nos. 7 8.

Headnote:Contempt of Courts Act, 1971 - Section 2(b), Article 215, Constitution of India - exercise of contempt jurisdiction warranted for checking injustice and to set right miscarriage of justice - the jurisdiction should not be construed as a tool to create judicial terrorism. (2002) 4 SCC 21; AIR 2001 SC 1293; AIR 1965 SC 745 - Referred to.

JUDGMENT - KOCHAR R.J., J.:---The appellant, Assistant Director, Ayurved Department, is a Government servant, who is working under the Director of Ayurved, and who in turn works under the control and supervision of the Director and Secretary, Medical Education and Research. He has approached this Court by filing the present appeal against the impugned judgment and order dated 28-3-2003 passed by the learned Single Judge of this Court in Contempt Petition filed by the respondents against the appellant complaining against him that he was guilty of committing contempt of this Court by wilfully disobeying the orders dated 20-12-2002 and 23-2-2003. The learned Judge was pleased to find the appellant guilty of committing contempt of the Court by wilfully disobeying the aforesaid orders passed by this Court in writ petition, which was filed by the respondents. The learned Judge was pleased to convict the appellant and impose sentence of imprisonment for a period of three months and fine of Rs. 1000/-.

2. The respondents-petitioners filed a writ petition before this Court seeking relief of payment of their salaries from the month of June to August 2002. After hearing the parties, this Court was pleased to pass order on 20-12-2002 directing the Management and Department to pay the salaries to the said respondents petitioners. It appears that the management was to deposit 10% of the share of the salaries of respondents-petitioners in the Salary Account and the Government was to deposit 90% of the share of the salary for the month of June to August 2002. It further appears that the Government had deposited its 90% share of the salary for the said period in the joint account of the salaries of the employees. It further appears that the salary of the employees for the period of August 2002 could not be paid as the Provident Fund Commissioner had withdrawn the amount to the tune of Rs. 12,29,873/- from the said salary account of the employees. On account of this unexpected contingency, it appears that the salaries of the respondents-petitioners for the said period could not be paid. It further appears that the appellant had specifically mentioned in his letter dated 17-3-2003 addressed to the principal of the college requiring the management to repay the said amount in the salary account for payment of the employees for the month of August 2002. The appellant has also narrated all the subsequent events, which need not be recorded here.

3. From the details given by the appellant, it is crystal clear that the appellant had no wilful intention to disobey the orders passed by this Court. We have closely examined the entire record and pleadings of the parties. We do not find that there was conscious effort or attempt on the part of the appellant to disobey the orders passed by this Court. We must bear in mind a crucial aspect in the chain of the administration that there is close interdependence inter se from the lower layer or rung of the administration to the highest level or rung of the administration and no one in the chain can be isolated to be held responsible for any lapse in the process. We also cannot forget that stately elephant moves very slowly and as the files have to undergo the journey from table to table, it takes its own speed and time to reach the destination. When we say so, we are not condoning and deliberate attempt on the part of the administration to indulge into red tapism and laxity in the work. Even in the best and efficient administration, the movement of file from one rung of administration to the next rung of the administration till it reaches the decision making authority, it takes its own time. Even in such administration, there is no magic button to be pushed to get desired results. In the present case, the appellant himself was subordinate to his many superior officers in the administration. It is not that he had the key of the treasury and he could pay himself the salaries to the respondent-petitioners at the mome


















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