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2002 Supreme(All) 131

2002 (5) AWC 4321 (LB)
(ALLAHABAD HIGH COURT—LUCKNOW BENCH)
S. K. Sen, C.J. and Ashish N. Trivedi, J.
Special Appeal No. 40 (S/B) of 2002
Decided on January 22, 2002
Rakesh Chandra Srivastava
Versus
Sri Santosh Kumar Mishra and other

Advocates:
Counsel for the Appellant : B. P. Singh and Amit Bose.
Counsel for the Respondents: S. M. K. Chaudhary and S.C.

The main legal point established in the judgment is that the High Court's power is limited after the disposal of the writ petition, and the Chief Justice has the prerogative to distribute business of the High Court. Additionally, the court emphasized that contempt jurisdiction is an independent jurisdiction of original nature, and for exercising the jurisdiction under Article 215 of the Constitution of India, the procedure prescribed by law has to be followed.

Headnote:

JUDGMENTS - Jurisdiction - Appellate - Dying-in-Harness Rules - Writ Petition - Miscellaneous Application - High Court's Power - Contempt Jurisdiction - Division Bench Decision - Supreme Court Decision - Review, Modification or Clarification - Enforcement of Orders - Chief Justice's Jurisdiction - Contempt of Courts Act - Article 215 of the Constitution of India

Fact of the Case:

The appellant appealed against an order directing them to appear in person and explain why the orders passed in the writ petition have not been carried out. The writ petition claimed appointment on compassionate ground under the Dying-in-Harness Rules and the petitioner was granted relief. The State Government contended that the petitioner's father was a work charge employee and there was a ban on making appointments on daily wages or in work charge establishment.

Finding of the Court:

The court found that after the disposal of the writ petition, only an application for review or clarification can be made, but no further relief can be prayed for. The court opined that the learned single Judge had no jurisdiction to pass the order in a miscellaneous application filed in the same proceeding in the writ petition when the writ petition itself had already been disposed of. The court also clarified that the High Court's power under Article 226 of the Constitution is not only limited to enforcement of fundamental rights but also for other purposes, but that does not mean the High Court can pass orders for further reliefs after the writ petition is disposed of.

Issues: The issues involved the jurisdiction of the High Court to pass orders on a miscellaneous application after the disposal of the writ petition, the power of the Chief Justice to distribute business of the High Court, and the exercise of contempt jurisdiction under Article 215 of the Constitution of India.

Ratio Decidendi: The court held that the High Court's power is limited after the disposal of the writ petition, and the Chief Justice has the prerogative to distribute business of the High Court. The court also emphasized that contempt jurisdiction is an independent jurisdiction of original nature, and for exercising the jurisdiction under Article 215 of the Constitution of India, the procedure prescribed by law has to be followed.

Final Decision: The judgment and order of the learned single Judge were set aside, and the special appeal was allowed. The court clarified that it had not adjudicated the matter on merits, leaving it open to the petitioner to proceed in accordance with the law.

JUDGMENT

S. K. Sen, C.J.—We have heard Sri B. P. Singh holding brief of Sri Amit Bose, learned counsel for the appellant and Sri S. M. K. Chaudhary, learned counsel for the respondent No. 1/writ petitioner, (hereinafter referred to as the petitioner).

2. This special appeal is directed against an order passed by the learned single Judge directing the appellant to appear in person and to explain why the orders passed in the writ petition by the learned single Judge have not been carried out.

3. Short facts are that the petitioner filed a writ petition claiming appointment on compassionate ground under the Dying-in-Harness Rules and he was granted relief in the writ petition.

4. The contention of the respondents-State Government in the application, which has been filed by the petitioner, is two fold, firstly the writ petitioner’s father was only a work charge employee and secondly there was a ban imposed by the State Government in making appointment on daily wages or in work charge establishment.

5. The question that arises for consideration in this special appeal is whether after the writ petition is finally disposed of, further orders can be passed on a miscellaneous application.

6. It is well-settled that after the disposal of the writ petition, only an application for review or clarification can be made but no further relief can be prayed for. In this connection, we take note of the decision of the Supreme Court in the case of State of U. P. v. Brahma Datt Sharma and another, 1987 (1) AWC 760 (SC) : 1987 (2) SCC 179, wherein, inter alia, it was held in paragraph 10 of the judgment as follows :

“The High Court’s order is not sustainable for yet another reason. Respondents’ writ petition challenging the order of dismissal had been finally disposed of on August 10, 1984, thereafter nothing remained pending before the High Court. No miscellaneous application could be filed in the writ petition to revive proceedings in respect of subsequent events after two years. If the respondent is aggrieved by the notice dated January 29, 1986, he could have filed a separate petition under Article 226 of the Constitution challenging the validity of the notice as it provided as separate cause of action to him. The respondent was not entitled to assail validity of the notice before the High Court by means of a miscellaneous application in the writ petition which had already been decided. The High Court had no jurisdiction to entertain the application as no proceedings were pending before it. The High Court committed error in entertaining the respondent’s application which was founded on a separate cause of action. When proceedings stand terminated by final disposal of writ petition it is not open to the Court to reopen the proceedings by means of a miscellaneous application in respect of a matter which provided a fresh cause of action. If this principle is not followed there would be confusion and chaos and the finality of proceedings would cease to have any meaning.”

7. Mr. S. M. K. Chaudhary, learned counsel for the respondent No. 1-writ petitioner placed reliance upon a Division Bench decision of this Court in the case of Jitendra Pal v. Committee of Management and others, 1992 (3) AWC 1685 : 1993 (1) UPLBEC 218, wherein it was held that power of the High Court under writ jurisdiction is not confined till disposal of the writ petition but High Court can pass appropriate orders even after its disposal. While making said finding, the Division Bench relied upon two decisions of the Supreme Court, namely, Dwarka Nath v. I.T.O., AIR 1966 SC 81 and M. V. Elizabeth v. Harwan Investment and Trading Pvt. Ltd., 1992 (2) JT 65.

8. The Division Bench also quoted the relevant portion of the judgment given in M. V. Elizabeth v. Harwan Investment and Trading Pvt. Ltd. (supra) which is as follows :

“The High Courts in India are superior courts of record. They have original and appellate jurisdiction. They have inherent and plenary powers. Unless expre






















































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