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2014 Supreme(SC) 38

B.S.CHAUHAN, J.CHELAMESWAR
Ram Kishan – Appellant
Versus
Tarun Bajaj – Respondent


Judgement Key Points

What is the element of wilful disobedience required to establish contempt under the Contempt of Courts Act, 1971?

What factors determine whether disobedience is contumacious or involuntary, and when can contempt proceedings be deemed inappropriate?

What is the court’s stance on awarding back wages, redesignated posts, and subsequent benefits in contempt proceedings when earlier orders and judgments are involved?


Judgment :-

Dr. B.S. Chauhan, J.

1. This Contempt Petition has been filed by the applicant that the respondents, who are alleged contemnors herein, have wilfully violated the judgment and order dated 5.7.2012 passed by this Court in C.A. No. 4985 of 2012 as the respondents failed to pay all consequential benefits of service as directed and thus, the respondents should be dealt with under the provisions of Contempt of Courts Act, 1971 (hereinafter referred to as `the Act’) and further, to direct the contemnors to implement the order in its true spirit and fix his pension according to the post of Joint Secretary (Legal) and provide all its retirement benefits.

2. Facts and circumstances of this petition are that the applicant while working as an Under Secretary (Legal), Dakshin Haryana Bijli Vitran Nigam Ltd. (hereinafter referred to as `Nigam’) was compulsorily retired vide an order dated 19.11.2003. Aggrieved, he challenged the said order by filing Writ Petition No. 3954 of 2004 and during its pendency, he reached the age of superannuation on 28.2.2006. The said writ petition was allowed by the learned Single Judge vide judgment and order dated 10.2.2009 quashing the impugned order da


















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