2012 (2) TMI 735

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....is directed against the judgment and order passed by the High Court of Calcutta in C.P.A.N. No. 50 of 2010 arising out of W.P.S.T. No. 47 of 2009 dated 19.05.2010. By the impugned judgment and order, the learned Judges of the High Court, though having accepted the unconditional apology offered by the contemnors, have passed some remarks against the members of the State Administrative Tribunal. Agg....

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....s some disobedience of the directions issued by the Court, the same may be condoned in the light of the unconditional apology offered. They also undertook to follow the directions that they had allegedly flouted as soon as the Tribunal resumes sittings after the summer vacations. 5. We find that the High Court graciously accepts the unconditional apology offered, but states in its order that th....

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.... 1. This is an instance of how a Tribunal vested with the powers to punish for contempt of court became oversensitive in using such powers. Time and again this Court has cautioned as to when and in what circumstances contempt of court jurisdiction is to be exercised. Such a power is not intended to be exercised as a matter of course. Courts should not feel unduly touchy when they are told that th....

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....s on the Appellant for negligence and reckless manner in which it had allegedly acted in the instant case. 10. The tenor of the dicta of this Court on the topic is crystal clear. This Court has, time and again, asserted that the contempt jurisdiction enjoyed by the Courts is only for the purpose of upholding the majesty of the judicial system that exists. While exercising this power, the Courts....