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2006 Supreme(Ori) 777

2007 (I) OLR — 172
I. M. QUDDUSI AND N. PRUSTY, JJ.
State of Orissa...Petitioner
Versus
B. N. Som and another...Opp. Parties
State of Orissa...Petitioner
Versus
B. N. Som and another...Opp. Parties(In both the cases)
CONTR No.8 of 2005 and CONTC No.872 of 2005
Decided on 22nd December, 2006.

Advocates:
For Petitioner:Addl. Govt. Advocate
For Opp.Parties:M/s. J. K. Mishra, P. C. Biswal (Central Govt.Counsel) (opp.Party No.1)
M/s. J. Patnaik, R. K. Mohanty, A. Patnaik & H. K. Dhal (opp.party No.2)

Headnote:CONTEMPT OF COURTS ACT, 1971 - Sec. 2 (c) - Contempt peti¬tion pending in Central Administrative Tribunal - On a writ and misc. case direction of High Court to stay the contempt proceed¬ing passed on 11.1.05 - Tribunal in its order dated 22.2.05 held that contempt proceeding before them shall continue and the contemnors shall appear before them - Suo motu contempt proceed¬ings by High Court - Contemnors No. 1 and 2 have broken all judicial discipline and propriety by observing that the order passed by High Court is non-est in the eye of law and, therefore, the same is inoperative - Held, order passed by Tribunal amounts to lowering down the authority of High Court and obstructing the Administration of Justice - The opp. parties not only have com¬mitted the Civil contempt of High Court but also they have committed criminal contempt - Direction issued.

       The afore-quoted sentence used by the opposite parties con¬stituting the Bench of the Tribunal, undoubtedly, lowers the authority of this Court and thus, constitutes a criminal con¬tempt. Further, the opposite parties deliberately and intention¬ally ordered in spite of the order passed by this Court staying the contempt proceeding that further proceeding in the contempt petition will continue and notice be issued to both the parties to appear before the Tribunal on the next date of hearing. This itself constitutes a civil contempt looking into the definition given in Section 2(b) as it relates to wilful disobedience to any judgment, decree, direction, order, writ or other process of a Court. (Paras - 11 to 20)

JUDGMENT

I. M. QUDDUSI, J. — The Central Administrative Tribunal, Cuttack Bench, Cuttack had decided Original Application No.91 of 2002 filed by one Smt. Manikmala Maity (opposite party No.1 in W.P.C No.4843 of 2004) with a direction to the Railway authori¬ties of S.E. Railway to release DCRG amount payable to her hus¬band. While her husband was paid pension and other retirement benefits, the Railway authorities did not make payment under DCRG although he was representing them regularly. In the meantime, her husband died in March, 1999 and thus, she has claimed interest at the rate of 18% for the delay caused.

2. The said original application was allowed by the Trib¬unal vide order dated 26th June, 2003 directing the respondent to make payment of the DCRG amount and pay interest for the delay @ 10% from 1.11.1997 to 31.10.2002 on the entire amount of DCRG and at the rate of 6% from 01.12.2002 to the preceding month of issuing the order of payment. The final payment was directed to be effected within 30 days.

3. Being aggrieved, the Union of India through General Manager, East Coast Railways, Bhubaneswar and another filed the writ petition registered as W.P. (C) No.4843 of 2004, for quas¬hing the impugned order of the Tribunal. An application for interim relief was also filed, which was registered as Misc. Case No.7153 of 2004. In the said case, it was inter alia, mentioned that in the meantime opposite party, namely Smt. Manikmala Maity had filed a Contempt Petition bearing C.P.(C) No.102 of 2003 before the Tribunal and the Tribunal had issued notice to the petitioners in the said writ petition. A prayer was made therein that further proceeding in the Contempt Case be stayed till final disposal of the writ petition.

4. While entertaining the writ petition, W.P.(C) No.4843 of 2004 on 13.9.2004, this Court directed issue of notice on admission indicating therein that this writ petition shall be disposed of at the stage of admission. The above mentioned appli¬cation for interim relief i.e., Misc. Case No.7154 of 2003 was also taken up and it was ordered by the Division Bench of this Court that further proceeding in C.P. No.102 of 2003 pending before the Central Administrative Tribunal, Cuttack Bench, Cut¬tack shall remain stayed for a period of twelve weeks and the Misc.case was allowed. Thereafter, the writ petition was listed on 11.1.2005. Again another Misc. Case bearing No.104 of 2005 was filed indicating therein that twelve weeks’ period expired on 13.12.2004 and on 22.12.2004, the learned Tribunal took up the contempt petition and directed that since twelve weeks period expired, the Senior DEN (Co-ord) should be present in person on 14.1.2005 for further proceeding in the contempt case and the impugned order dated 22.12.2004 passed by the Tribunal in the O.A. was subject to result of the writ petition. Prayer was made in Misc. Case No.104 of 2005 filed in the writ petition; W.P.(C) No.4843 of 2004 that further proceeding in the Contempt petition be stayed till final disposal of the writ petition. The said application was listed on 11.1.2005 before this Court and after hearing Shri A. Mohanty, learned counsel for the petitioner and Shri J.K. Das, learned counsel for opposite party No.1, the interim order was passed to the effect as quoted hereunder;

“As an interim measure, further proceeding in C.P. (C) No.102 of 2003 pending before the Central Administrative Tribun¬al, Cuttack Bench, Cuttack shall remain stayed until further orders.

xx xx xxx

The Misc. Case is disposed of.”

5. Another application, i.e., Misc. Case No.3101 of 2005 was filed by the learned counsel for the petitioner, annexing copy of the order passed by the Tribunal dated 22.2.2005 in which inter alia, the following order was passed by the Tribunal.

“It would appear that the petitioner is not appearing on account of the stay order passed by the Hon’ble High Court. Howe¬ver, notice be issued to both the parties to appear before this Tribunal on the nex






































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