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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, SUDEEPTI SHARMA
Dusmanta Kumar Bahera – Appellant
Versus
Daya Rani – Respondent
JUDGMENT :
SURESHWAR THAKUR , J.
1. The instant appeal has been directed against the order dated 28.8.2024, as passed by the learned Contempt Bench of this Court in COCP No. 2913 of 2024.
Brief facts of the case.
2. In the year 1979, the respondent herein was appointed as a Craft Teacher in the Panchayat Samiti concerned, and her services were regularized vide order dated 4.5.1983, and, on 30.4.2014, she retired from the post of Craft Teacher. The respondent herein instituted CWP No. 8306 of 2015 before this Court with a prayer therein to direct the appellants to release her arrears of salary for the period 1.1.2006 to 31.1.2010, benefits of third ACP scale, and all retiral benefits along with interest @ 18% per annum on account of delay. Vide order dated 7.3.2024, the said petition was disposed by this Court. The operative part of the said order becomes extracted hereinafter:
“13. As the respondents have not released the pensionary benefits after the retirement and the petitioner is litigating the same for the last 10 years, the petitioner will also be liable for interest on the arrears/arreas of the pensionary benefits which will be released to the petitioner, keeping in view the judg
Contempt jurisdiction must adhere to strict procedural norms and should not incorporate issues merits of the underlying dispute, as confirmed by established legal precedents.
Contempt proceedings cannot substitute for enforcement of binding court decisions; non-compliance must involve clear disregard of valid orders. The exercise of contempt jurisdiction is limited to ens....
The court clarified that in contempt proceedings, the judge's role is limited to assessing compliance with prior orders, not issuing new directives, emphasizing the maintainability of appeals under S....
The contempt jurisdiction is to ensure compliance with the order of the Writ Court and cannot be used to review or challenge the correctness of the order passed in compliance with the direction of th....
An appeal under Section 19 of the Contempt of Courts Act, 1971, is maintainable against any order in contempt proceedings, not just punitive orders.
The main legal point established in the judgment is the limitation on the appealability of a contempt Judge's order under Section 19 of the Contempt of Courts Act and Chapter VIII Rule 5 of the Rules....
An appeal under Section 19 of the Contempt of Courts Act is maintainable only against orders imposing punishment for contempt; non-punitive orders are not appealable.
Contempt - Appellant can be exonerated for contempt of court giving benefit of doubt as he tendered unconditional apologies sincerely for the delay in implementation of the order of the court with al....
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