( 1 ) BOTH these applications are filed for non-compliance of the same order passed on 21-11-1991 in Special Civil Application No. 6777 of 1491. By the said order, this Court (Coram C. K. Thakkar, J.) directed the authorities to decide the application in the light of the observations made in the order with a further direction to decide the same expeditiously and preferably before 31/12/1991.

( 2 ) WE are of the view that jurisdiction under Contempt of Courts Act should not be exercised in favour of the persons who have no regard for the turth. If the order is obtained by suppressing material facts, the party concerned will hesitate to enforce that order and when it is brought to the notice of this Court that in fact and in substance the said order came to be passed on suppression of material facts which were within the exclusive knowledge of the petitioner, this Court should refuse to exercise jurisdictio~ under the Contempt of Courts Act, So is the case in these applications.

( 3 ) IN view of the affidavit in reply. it is clear that the following facts were suppressed by the petitioner and if the petitioner would have disclosed these facts, no Court would have passed the order which is sought to be enforced by action under the Contempt of Courts Act.

( 4 ) I say that the applicant for the first time made an application for compassionate appointment on 13. 9. 1983. At the relevant time the income limit fixed by the Government as per existing Government Kesolution was Rs. 600. 00 p. m. As per the provision contemplated in the said G. R. , while calculating the family income, income from all the sources including family pension, and other monetary benefits and interest at the rate of 9% on the amount received by the heir to be taken into consideration. In the month of October and September 1993. a widow of the deceased employee received amount of Rs. 385. 00 p. m. as family pension. After the death of the deceased employee, the following amounts were received by his family :1. Group LIC Scheme Rs. 20,218. 00 2. G. P. F. Rs. 4,532. 00 3. Linked Insurance Rs. 3,183,/ 4. Gratuity Rs. 111369. 00 rs. 39,401/-On calculatine 9% interest on the aforesaid amount of Rs. 39,401. 00 the total interest was Rs. 295. 50. Hence, the total of the family pension is Rs. 385. 00 and the interest of Rs. 2955. 00, was Rs. 680. 00. That was the family income known to the Department at the relevant period of time based on information supplied by the applicant in his application. However, on making necessary inquiry it came to the knowledge of the Department that the widow of the deceased employee was also working as an Assistant Teacher. But intentionally the applicant has not mentioned this fact in his application, On the contrary, in his application it was mentioned that his mother was illiterate. Annexed hereto and marked as Annexure "i" is the copy of the said Application. The mother of applicant had drawn a salary of Rs, 12531 - for the month of September 1983 as an Assistant Teacher. This fact was also concealed from this Honourable Court by the applicant in original Spl. C. A. No. 6777 of 1991. Therefore, at the relevant time, total income of his family was Rs. 1933. 00 which was above the limit of Rs. 600. 00 fixed by the Government at the relevant time. Had these facts been brought to this Honourable Court by the applicant.

( 5 ) THE Honourable Court might not have passed the aforesaid order in the said Spl. C. A. Therefore, I huinbly submit that the applicant himself by misleading the Honourable Court obtained the afore said order and hence committed the contempt of the Court by misusing the process of the Honourable Court. Therefore, he is liable to be prosecuted to this by this Honourable court.

( 6 ) I say that when the application of the applicant was sent to the Government by the DDO in May 1989, the income limit applicable was Rs. 1,000. 00 At that time also, wife of the deceased employee was serving as an Assistant Teache