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HARISH TANDON, MADHURESH PRASAD
Subhra Roy – Appellant
Versus
T. Armstrong Changsan – Respondent
JUDGMENT :
HARISH TANDON, J.
1. The contempt application is taken out by the petitioner alleging the violation of the orders/direction passed by the Division Bench on 2nd February, 2022 in WPCT 1 of 2022. The contempt application was admitted on the first motion as the direction was passed upon the petitioner to serve the copy of the contempt application upon the alleged contemnors. After the service was affected, the alleged contemnors appeared and an opportunity was given to file the affidavit in response to the allegation made in the contempt application. The alleged contemnor was to file an affidavit-in-opposition disclosing the stand in relation to an allegation contained in the contempt application and further response by the petitioner in the form of an affidavit is also filed.
2. The dispute originated on the order dated 4th November, 2020 issued by the Under Secretary (PSP-IV) & Cadre, Government of India, Ministry of External Affairs (PSP Division) reverting the petitioner to the post of a Junior Passport Assistant (Erstwhile LDC) under the provisions of fundamental Rule 31A. The petitioner challenged the said order before the Central Administrative Tribunal in OA 1153 of 20
Contempt of court requires clear evidence of willful disobedience of an unambiguous order; unintentional mistakes do not constitute contempt.
Wilful disobedience, as an essential element of civil contempt, requires a high standard of proof beyond reasonable doubt and involves a mental element of intentional, conscious, and calculated condu....
Contempt jurisdiction cannot modify or review original orders; it focuses solely on compliance with those orders.
Contempt proceedings cannot issue substantive directions; eligibility for promotion must be determined based on established criteria, not merely participation in examinations.
Contempt jurisdiction cannot be used to modify or review previous judgments; it is limited to determining willful non-compliance with original orders.
The importance of establishing the alleged violator's knowledge of the order and deliberate violation.
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