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ALOK MATHUR
Dinesh Kumar – Appellant
Versus
Alok Kumar Rai – Respondent
JUDGMENT :
1. Heard Sri Kaushlendra Tewari, learned counsel for applicant as well as Sri Anurag Kumar Singh and Sri Shashank Bhasin, learned counsel for respondents.
2. Learned counsel for applicant submits that by means of judgment dated 12.07.2021 passed in Writ Petition No. 1432 (SB) of 2015, this Court had decided the controversy pertaining to the Lucknow University taking into consideration the various statutes and rules applicable therein and thereafter came to a conclusion that the Executive Council does not have any power of review of their earlier decisions and on the basis of the said pronouncement of law proceeded to allow the said writ petition and granted benefits to the petitioners therein directing them to be treated as being substantially appointed on the post of Assistant Professor/Lecturer.
3. Learned counsel for respondents have raised a preliminary objection with regard to maintainability of the present contempt petition stating that the applicant was neither a party to the writ petitions decided by this Court vide judgment dated 12.07.2021 passed in Writ Petition No. 1432 (SB) of 2015 nor is he aggrieved or concerned or even remotely connected with the lis decided
To establish contempt, there must be a binding judgment between the parties, and the disobedience must be willful and intentional.
Contempt proceedings cannot determine individual claims without prior adjudication; the court's role is limited to assessing willful disobedience of specific orders.
Wilful disobedience, as an essential element of civil contempt, requires a high standard of proof beyond reasonable doubt and involves a mental element of intentional, conscious, and calculated condu....
In contempt proceedings, the court has limited jurisdiction and cannot adjudicate claims beyond compliance issues as defined in prior orders, reaffirming the need for independent adjudication in sepa....
Non-compliance in contempt proceedings must be willful and intentional; administrative delay does not constitute contempt.
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....
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