A subordinate court has no jurisdiction to punish for contempt of itself and must follow the proper procedure of making a reference to the High Court in such cases.

ORDER :- These suo motu proceedings have been initiated in view of an order dt. Sept. 26, 1987 passed by the Sub-Divisional Judicial Magistrate, Theog (hereinafter referred to as "the lower Court"), in the course of a proceeding initiated by him suo motu in the purported exercise of contempt jurisdiction against the Junior Engineer, Telephone Exchange, Theog (hereinafter referred to as "the J.E."). The origin of the proceedings culminating into the said order is to be found in an unfortunate controversy which developed between the lower Court and the J.E. in connection with the alleged non-payment of certain trunk call bills and the consequential disconnection of the office telephone of the lower Court.

2. It appears that the following three bills were issued by the telephone authorities for the recovery of charges of trunk calls allegedly booked from the telephone installed in the office of the lower Court.

1. Bill dated 21-1-1987 for Rs. 174/-

2. Bill dated 21-3-1987 for Rs. 157/-

3. Bill dated 21-5-1987 for Rs. 147/-

It further appears that the correctness of the bills was disputed by the lower Court in the course of a prolonged correspondence exchanged between the lower court and the telephone authorities. Since the payment due under the disputed bills was not made, the telephone appears to have been disconnected on Sept. 20/22, 1987.

3. On Sept. 21, 1987, the Naib Nazir of the lower Court submitted a report stating, inter alia, that the office telephone was disconnected on Sept. 20, 1987 on account of the non-payment of the aforesaid bills, although the detailed particulars with respect to those bills were received only on Sept. 17, 1987 and although the disconnection could not have been effected before the expiry of 15 days from the date of the receipt of such information.

4. The lower Court appears to have taken cognizance of the report on the judicial side and the following order was passed thereunder on Sept. 22, 1987 :

"Report put up today by the N.N. of this Court. Steps be taken to connect the Telephone."

5. On the next day, that is, Sept. 23, 1987, the lower Court passed an order in the following terms.

"As per the statement of the Naib Nazir, the telephone authorities, Theog, would not connect the telephone until and unless the pending bills are paid. As per our record the pending bills have been received in this office on 17-9-1987 and that also on the initiation of this office only. The telephone cannot be disconnected within 15 days from the receipt of the bills as per rules. Issue contempt notice to the J.E. Telephone Theog, as to why action should not be taken against him and the Divisional Engineer Telephones for disconnecting the telephone of this office without any notice. "

6. Pursuant to the aforesaid order, notice was issued to the J. E. which reads as follows :

"In the Court of Shri S.L. Sharma, Sub-Divisional Judicial Magistrate, Theog (Shimla).

Contempt Notice

To Shri Nanak Chand, Junior Engineer, Telephone, Theog.

Whereas you have disconnected the telephone of this Court without notice and it is therefore desirable that action should be taken against you and the Divisional Engineer, Telephone, Shimla.

You are, therefore, directed to appear in this Court today at 4.30 p.m. sharp and file your reply as to why you have disconnected the telephone of this Court without notice.

Given under my hand and the seal of the Court this 24th day of Sept., 1987.

Sd/- S.L. Sharma,

Sub-Divnl. Judicial

Magistrate, Theog, Shimla."

Seal.

In the order sheet, the following entry was made on Sept. 24, 1987 :

"Contempt notice to J.E. Telephone, Theog issued. It be registered. The J. E. be served for today itself for 4.30 p.m."

7. It appears that the notice was attempted to be served on the J. E. through the Naib Court on the same day. He submitted a report to the lower court to the effect that the J. E. had gone out but an employee of the Theog Telephone Exchange (Surjeet Singh) was orally informed to direct the J. E. to attend the Cou