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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
NEERAJ TIWARI
Harsh Vardhan – Appellant
Versus
Rahul Pandey, The District Magistrate – Respondent
JUDGMENT :
NEERAJ TIWARI, J.
1. Heard Ms. Shreya Gupta, learned counsel for the applicant and Sri M.C. Chaturvedi, learned Senior Counsel/Additional Advocate General along with Sri Brijesh Kumar, learned Standing Counsel for the opposite party.
2. Present contempt application has been filed to punish the opposite party for violation of order of Writ Court dated 12.05.2025 in Civil Misc. Writ Petition No. 6389 of 2024.
3. Brief facts of the case are that against the applicant, opposite party- District Magistrate, Hathras vide order dated 9.4.2025 has attached the applicant with District Head Quarter/ Collectorate, Hathras. The said order was challenged before this Court and Court has stayed the order dated 9.4.2025 as well as disciplinary proceeding with a finding that it is open for competent authority, namely, Nagar Palika Parishad, Hathras to initiate disciplinary proceeding against the applicant as per law. In compliance of order of Writ Court dated 12.05.2025, attachment order was withdrawn vide order dated 10.06.2025. Against the petitioner, a three member enquiry was also going on, which was not stayed on the ground that there is no stay upon enquiry proceeding. The enquiry was c
The Court held that mere non-compliance with interim orders does not constitute contempt unless it is demonstrated that such disobedience was wilful and deliberate.
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....
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....
The court must be satisfied beyond reasonable doubt that the contemnor has willfully, deliberately and intentionally violated the court's order. If the disobedience is the result of some compelling c....
Contempt proceedings necessitate clear evidence of willful disobedience of court orders; mere allegations are insufficient.
Contempt of court requires willful disobedience of a court order; mere delay, especially under extenuating circumstances, does not constitute contempt.
An appeal against a contempt order is maintainable only if it involves punishment for contempt; the court found justifiable reasons for the delay in compliance with the order.
Failure to comply with court orders triggers contempt proceedings, regardless of any pending appeals against such orders or administrative hurdles.
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