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DEVENDRA KUMAR UPADHYAYA, SAURABH SRIVASTAVA
Bholendra Pratap Singh, Basic Shiksha Adhikari, Ambedkar Nagar – Appellant
Versus
V. P. Ram Naresh Laghu Madhy. Vidyalaya, Ambedkar Nagar Thru. Mgn. Sri Baccha Ram Upadhyay – Respondent
JUDGMENT :
1. Heard learned counsel for the appellant and Mr. L.P. Mishra and Mr. K.M. Shukla, learned counsel representing the respondents no.1 and 2.
2. This special appeal seeks to challenge an order dated 2.11.2022, passed by learned Single Judge while exercising his contempt jurisdiction in Contempt Petition (Civil) No.1785 of 2019, whereby after recording a finding that it was obligatory on the part of the appellant to have taken a decision on the proposal in accordance with certain Rules, the application moved by the appellant seeking dismissal of the contempt application has been rejected. Learned Contempt Judge has, however, being lenient and benevolent, has made it open to the appellant to revisit the decision in accordance with certain Rules and file an affidavit of compliance, failing which, it has further been ordered that the charges shall be framed. The officer, namely the appellant, has been ordered to appear again on the next date.
3. We have been informed that by the order under appeal dated 2.11.2022 the contempt matter was listed on 21.11.2022. On 21.11.2022 a request was made on behalf of the appellant by none other than the learned Additional Advocate General to
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....
The main legal point established in the judgment is that the Contempt Court must be conscious that it is not possessed of the powers of other corrective jurisdictions like review or appeal against th....
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, 1971 is maintainable only against an order imposing punishment for contempt, and an independent adjudication on the merits of the dispute bet....
Contempt jurisdiction cannot modify original orders; it is limited to assessing willful non-compliance.
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