IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Sandipkumar C. More, J.
Anita Kiran Chavan – Appellant
Versus
State of Maharashtra & Ors. – Respondents
Contempt Petition No. 359 of 2022 in Writ Petition No. 502 of 2021
Decided On : 04-01-2023
Contempt of Court - Alleged Contempt Order - Section 12 of Contempt of Court Act - Act Section List: Contempt of Court Act, Section 12 - The court dismissed the contempt petition as the respondents had complied with the court's direction, albeit with some delay. The court also held that the petitioner's other claims, such as recovery of salary and allowances and criminal and penal actions, were outside the scope of the contempt petition.
Fact of the Case:
The petitioner filed a contempt petition under Section 12 of the Contempt of Court Act, alleging that the respondents did not comply with the court's direction in an earlier writ petition. The petitioner sought various reliefs, including recovery of salary, penal actions against the respondents, and others.
Finding of the Court:
The court found that the respondents had indeed complied with the court's direction, albeit with some delay. The court also held that the petitioner's claims for recovery of salary and allowances and for criminal and penal actions were outside the scope of the contempt petition.
Issues: The issues revolved around the alleged non-compliance with the court's direction, the scope of the contempt petition, and the validity of the petitioner's other claims.
Ratio Decidendi: The court held that the respondents cannot be held in contempt as there was a delay in deciding the representation of the petitioner, but the delay was justified due to the submission of explanation and supportive documents. The court also ruled that the petitioner's other claims were outside the scope of the contempt petition.
Final Decision: The contempt petition was dismissed by the court due to the lack of substance in the petitioner's claims.
JUDGMENT
Sandipkumar C. More, J. - The petitioner, who is party-in-person, has fled this petition under Section 12 of Contempt of Court Act in respect of alleged contempt order dated 24/03/2022 in her earlier Writ Petition No.502 of 2021 thereby asking for various reliefs as prayed in this petition.
2. On perusal of the prayers of this contempt petition, it appears that the petitioner has claimed various reliefs namely monitory reliefs as claimed in prayer clause-B and penal actions to be taken against the present respondents / contemptners and others such as fling criminal prosecution against them and their termination from service and also recovery of salary for a certain period of one Mr. Dr. Shriniwas Sonwane.
3. The petitioner herself submits that the respondents / contemptners did not act as per the direction given by this court under order dated 24/03/2022 in Writ Petition No.502 of 2021 and therefore, they must be held in contempt.
4. On the contrary, the learned AGP on behalf of respondents-State strongly opposed the petition by fling an affdavit in reply dated 17/10/2022 and submitted that the direction of this court under the aforesaid order dated 24/03/2022 is already fulflled and therefore, there is no scope left for the petitioner to fle such contempt petition. He also pointed out that due to certain contingencies the direction of this court was not complied within the stipulated period and he also submitted his apology on behalf of the respondents / contemptners for the same.
5. Heard rival submissions. Also perused entire documents on record.
6. It is extremely important to note that under the order dated 24/03/2022, this court had directed the Chief Executive Offcer, Zilla Parishad, Aurangabad to decide the representation of present petitioner, if preferred on or before 30/04/2022, till 15/06/2022. The perusal of the aforesaid order indicates that the petitioner had challenged the order dated 12/02/2018 in the Writ Petition No.502 of 2021, which was delivered by Additional Divisional Commissioner, Aurangabad, whereby her punishment of termination from service was reduced to stoppage of one increment temporarily. This court under order dated 07/11/2019 did not fnd any fault in the order dated 12/02/2018 and therefore, dismissed the Writ Petition No.8185 of 2018 fled by present respondent No.3. Thus, it appears that the order dated 12/02/2018 delivered by the Additional Divisional Commissioner, Aurangabad remained as it is. It further appears that in Writ Petition No. 502 of 2021 while dismissing the same, this Court had passed direction to the Chief Executive Offcer, Zilla Parishad as mentioned above since the present petitioner made grievance that she was not paid her salary for a period of 5 months and 6 days i.e. from 10/03/2015 till 16/08/2015. Thus, it appears that under the order dated 24/03/2022 there was direction to the Chief Executive Offcer, Zilla Parishad only to decide representation of the petitioner on or before 15/06/2022, which was allowed to fle on or before 30/04/2022.
7. The documents submitted by the petitioner as well as respondent No.4 Dr. Sudhakar Shelke annexed to the affdavit in reply, clearly indicate that the petitioner as per the order dated 24/03/2022 had submitted representation to respondent No.3 on 11/04/2022. Thereafter, respondent No.3 had called explanation from the concerned Medical Offcer, PHC, Banoti, Taluka : Soygaon, District : Aurangabad. Thereafter, the said Medical Offcer, submitted his explanation dated 04/08/2022 accompanied with all the necessary documents. It further appears that after considering the record submitted by the said Medical Offcer, respondent No.3 came to the conclusion that the petitioner remained absent during the period from 09/03/2015 to 16/08/2015 i.e. for almost 159 days without any reason and therefore, rejected the claim of the petitioner in respect of her salary and allowances for that period. Further, it appears that respondent No.3 had passed the
The main legal point established in the judgment is that compliance with the court's direction, even if delayed, can prevent a finding of contempt. Additionally, the court clarified the scope of a co....
Failure to comply with a court order, even pending appeal without stay, constitutes contempt of court.
Contempt of court requires willful disobedience of a court order; mere delay, especially under extenuating circumstances, does not constitute contempt.
Compliance with court order via representation consideration and salary release closes contempt petition.
The main legal point established is the importance of prompt and bona fide compliance with court orders to avoid contempt of court.
The main legal point established in the judgment is that willful disobedience of court orders, delays in compliance, and attempts to defeat court orders constitute contempt of court, and unconditiona....
The pendency of a writ appeal does not absolve the respondents from complying with the court's order, unless a stay of the order has been obtained from the appellate court.
The court emphasized that the contempt jurisdiction cannot decide the original proceedings in a manner not dealt with by the court passing the judgment or order.
The court determined that disputes regarding compliance with its directives do not constitute wilful disobedience, leaving the petitioner with the option to seek redress.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.