1983 Supreme(Raj) 478

RAJASTHAN HIGH COURT
S.K.Mal Lodha, S.C.Agrawal, JJ.
Hiralal Sharma and Ors. - Appellants
Versus
Railway Shramik Sahkari Bank Bikaner Ltd. Bikaner and Ors. - Respondents
D.B. Civil Contempt Petition No. 17 of 1983.
Decided On : 4-09-1983

Willful disobedience of court orders constitutes contempt of court.

Headnote:

CONTEMPT OF COURT - [SECTION 12 OF THE CONTEMPT OF COURT ACT, 1977] - [S.B. CIVIL WRIT PETITION NO. 1827 OF 1982, D.B. CIVIL SPECIAL APPEAL NO. 713 OF 1982] - [RAILWAY SHRAMIK SAHKARI BANK BIKANER LIMITED, BIKANER] - [Hiralal Sharma, the petitioner in this petition filed Under Section 12 of the Contempt of Court Act. 1977 was an employee of the Railway Shramik Sahkari Bank Bikaner Limited, Bikaner (hereinafter referred to as 'the Sahakari Bank') non-petitioner No. 1 herein Shri K.C. Golecha, non-petitioner No. 2, is the Manager of the Sahkari Bank and Shri Kanhaiya Lal Bhojak non-petitioner No. 3 is the Honorary Secretary of the Sahkari Bank.]

Fact of the Case:

The petitioner, Hiralal Sharma, was an employee of the Railway Shramik Sahkari Bank Bikaner Limited, Bikaner. On May 12, 1982, he was informed that he would retire from service on September 30, 1982, on attaining the age of 55 years. The petitioner challenged the validity of the retirement notice by filing a writ petition, S.B. Civil Writ Petition No. 1827 of 1982. Along with the writ petition, the petitioner also filed a petition for stay of the operation of the retirement order. The court passed an order on September 27, 1982, staying the operation of the retirement order. The writ petition was dismissed by a single judge on December 15, 1982. The petitioner filed an appeal (D B. Civil Special Appeal No. 713 of 1982) against the order dismissing the writ petition. Along with the appeal, the petitioner also filed a stay petition for an interim order directing the respondents not to effect his retirement till the disposal of the appeal. The Division Bench of the court admitted the appeal and issued notice to the respondents. On December 20, 1982, the Division Bench passed an order staying the operation of the retirement order. The petitioner reported for duty on December 18, 1982, and submitted an application to the Manager of the Sahkari Bank. The Manager made an endorsement on the application that the petitioner had retired from service on December 16, 1982, after noon. The petitioner sent a registered letter to the Honorary Secretary of the Sahkari Bank on December 22, 1982, informing him about the stay order passed by the court on December 20, 1982. However, the Honorary Secretary refused to accept the delivery of the letter. The petitioner again reported for duty on January 6, 1983, and submitted an application to the Honorary Secretary. The application was also submitted to the Manager of the Sahkari Bank, but the petitioner was not taken on duty.

Finding of the Court:

The court found that the non-petitioners had committed contempt of court by willfully disobeying the orders passed by the court. The court held that the non-petitioners were aware of the orders passed by the court and that their actions in passing the order of retirement dated December 16, 1982, and in not taking the petitioner on duty after the orders dated December 20, 1982, and January 5, 1983, were taken with the intention to defy the orders of the court.

Issues: Whether the non-petitioners had committed contempt of court by willfully disobeying the orders passed by the court.

Ratio Decidendi: The court held that the non-petitioners had committed contempt of court by willfully disobeying the orders passed by the court. The court observed that the non-petitioners were aware of the orders passed by the court and that their actions in passing the order of retirement dated December 16, 1982, and in not taking the petitioner on duty after the orders dated December 20, 1982, and January 5, 1983, were taken with the intention to defy the orders of the court.

Final Decision: The court imposed a fine of Rs. 1000/- (rupees one thousand only) each on the non-petitioners Nos. 2 and 3. They were given one month's time to deposit the amount of fine imposed on each of them. In the event of the failure to deposit the fine that has been imposed on each of the non-petitioners Nos. 2 and 3, the defaulting non-petitioner will undergo imprisonment in civil prison for a period of fifteen days.