The main legal point established in the judgment is that the limitation prescribed under Section 20 of the Contempt of Courts Act is to be scrupulously followed, and the powers under Article 215 of the Constitution of India can be exercised only in exceptional circumstances.

JUDGMENT

(Prayer: Contempt Petition filed u/s.11 of the Contempt of Courts Act praying to punish the respondents for willful disobedience of the order dated 23.09.2014 passed in W.P.No.25874 of 2014.)

1. This contempt petition is filed to punish the respondents for willful disobedience of the order dated 23.09.2014 passed in W.P.No.25874 of 2014.

2. The petitioner filed a writ petition in the year 2014 and this Court passed an order to grant one set of incentive increment to the petitioner on 23.09.2014. The petitioner has not pursued the order and now, after a lapse of about eight years, filed the present contempt petition to punish the respondents.

3. Learned counsel appearing for the petitioner submits that the petitioner sent a representation in the year 2018.

4. The representation of petitioner itself had been submitted after a lapse of four years from the date of passing of the order by this Court on 23.09.2014. At the outset, this Court passed an order on 23.09.2014 and the petitioner sent a representation on 20.07.2018 and a lawyer notice was issued on 15.02.2022 and thereafter, the contempt petition is filed. There is enormous delay even in approaching the authorities by the petitioner and thereafter, there is a long delay in filing the contempt petition.

5. Under the provisions of the Contempt of Courts Act, a contempt petition is to be filed within a period of one year and the principles in this regard are also considered by this Court in Contempt Petition No.2539 of 2014 in W.P.No.6678 of 2009 vide order dated 05.12.2017 and the relevant portion is extracted hereunder:

"5. Thus, this Court has to examine the maintainability of the contempt application in relation to the limitation prescribed under Section 20 of Contempt of Courts Act, 1971. Section 20 of the Contempt of Courts Act, 1971 provides limitation for actions for contempt “ No Court shall initiate any proceedings for contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.”

6. Thus, it is clear that a limitation is prescribed for filing a contempt application against an order passed by the Court and one year period is prescribed from the date of cause of action arose. In the case on hand, the cause of action arose in August 2009 and the contempt application was filed on 15.07.2014. Thus, there is a delay of about 5 years even in filing the present contempt application.

7. Next question to be considered in this regard is that, whether this Court can invoke Article 215 of Constitution of India for entertaining the contempt application beyond the period of one year.

8. Article 215 of the Constitution of India provides that High Courts to be Courts of record '' Every High Court shall be a Court of record and shall have all the powers of such a Court including the power to punish for contempt of itself.”

9. Thus, the Constitution provides powers to the High Court to punish for contempt itself. No doubt, such a power is granted for the effective implementations of the orders of the Hon'ble High Court. However, this Court has to consider, whether such a power can be exercised beyond the period of limitation prescribed under Section 20 of the Contempt of Courts Act 1971, and under what circumstances.

10. The general principle of law in this regard is that whenever there is a Special Act enacted in respect of limitation, the powers conferred under the Constitution as well as the Special Act to be read cogently and harmoniously. Harmonious reading of these provisions, no doubt, the High Courts are empowered to exercise the power of contempt as the High Court is the Court of record. However, such power can be exercised only with reference to Section 20 of the Contempt of Courts Act. This will not mean that, the High Courts cannot exercise the powers of contempt beyond the limitation period of one year. The powers of contempt beyond the limitation period can be exercised on