An appeal under Section 19 of the Contempt of Courts Act is maintainable only against orders imposing punishment for contempt, not against orders declining to initiate or dropping contempt proceedings.

JUDGMENT

Anil K. Narendran, J.

The appellant has filed this writ appeal as an intra-court appeal, invoking the provisions under Section 5 (i) of the Kerala High Court Act , 1958, challenging the judgment dated 15.01.2025 of the learned Single Judge in Contempt Case (C) No.119 of 2024, which arises out of the judgment dated 20.09.2023 in W.P.(C)No.24403 of 2023. Paragraphs 2 to 4 and also the last paragraph of that judgment dated 15.01.2025 in Contempt Case (C) No.119 of 2024 read thus:

“2. As per the judgment, the respondents were directed to disburse Provident Fund closure due to the petitioners, with statutory interest until the date of payment, and the Staff Welfare Fund to the petitioner within three months, from the date of receipt of a copy of the judgment.

3. An affidavit dated 16.12.2024 has been filed by the respondent, detailing the amounts paid along with the interest.

4. The learned counsel appearing for the petitioners submitted that the calculation is not strictly in tune with the directions issued by this Court. However, despite grant of time, the said assertion has not been substantiated. Having considered the submissions advanced, I find that there has been substantial compliance with the directions in the judgment. This Contempt Case is closed.”

2. Heard the learned counsel for the appellant and also the learned Standing Counsel for the KSRTC for the respondent.

3. Section 19 of the Contempt of Courts Act deals with appeal. As per sub-section (1) of , an appeal shall lie as of right from any order or decision of the High Court in the exercise of its jurisdiction to punish for contempt (a) where the order or decision is that of a Single Judge, to a Bench of not less than two Judges of the Court; (b) where the order or decision is that of a Bench, to the Supreme Court. As per the proviso to sub-section (1) of , where the order or decision is that of the Court of the Judicial Commissioner in any Union territory, such appeal shall lie to the Supreme Court. As per sub-section (2) of , pending any appeal, the appellate court may order that (a) the execution of the punishment or order appealed against be suspended; (b) if the appellant is in confinement, he be released on bail; and (c) the appeal be heard notwithstanding that the appellant has not purged his contempt. As per sub-section (3) of , where any person aggrieved by any order against which an appeal may be filed satisfies the High Court that he intends to prefer an appeal, the High Court may also exercise all or any of the powers conferred by sub-section (2). As per sub- section (4) of , an appeal under sub-section (1) shall be filed (a) in the case of an appeal to a Bench of the High Court, within thirty days; (b) in the case of an appeal to the Supreme Court, within 60 days from the date of the order appealed against.

4. InMidnapore Peoples’ Co. Op. Bank Ltd. v. Chunilal Nanda [(2006) 5 SCC 399], after referring to the law laid down inBaradakanta Mishra [(1975) 3 SCC 535] Purshotam Dass Goel [(1978) 2 SCC 370],State of Maharashtra v. Mahboob S. Allibhoy [(1996) 4 SCC 411] and J.S. Parihar v. Ganpat Duggar [(1996) 6 SCC 291] the Apex Court summarised the legal position emerging from those decisions in regard to appeals filed under Section 19 (1) of the Contempt of Courts Act against orders in contempt proceedings. Paragraph 11 of that decision reads thus;

“11. The position emerging from these decisions, in regard to appeals against orders in contempt proceedings may be summarised thus:

(I) An appeal under Section 19 is maintainable only against an order or decision of the High Court passed in exercise of its jurisdiction to punish for contempt, that is, an order imposing punishment for contempt.

(II) Neither an order declining to initiate proceedings for contempt, nor an order initiating proceedings for contempt nor an order dropping the proceedings for contempt nor an order acquitting or exonerating the contemnor, is appealable under Section 19 of