TaxTMI 
TaxTMI 
2020 (3) TMI 1496
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....r the year 1998, enabled the U.D. Clerks under the Kerala Khadi and Village Industries Board to claim the pay scale of Junior Superintendent as the scale to be extended to them for their time bound higher grade. A perusal of the said judgment clearly indicates that the findings therein will apply squarely to the facts of the instant cases as well. It would be apposite, in this connection, to extract the provision of clause (6) in Ext.P1 order, which deals with the manner in which the time bound higher grade scale is to be extended to employees covered by the said Government order. Clause (6) of Ext.P1 Government order reads as under: "(6) If there is a promotion post in respect of the categories of posts (entry) coming under pay range from Rs.2610 - 3680 to Rs.5800 - 9425 and its scale of pay is higher than the time bound higher grade purposed above, then the qualified incumbent will be given the scale of pay of the promotion post in the direct line of promotion as time bound higher grade. While assigning higher grade only qualified hands ie. those possessing the qualification prescribed for the promotion post will get the scales of pay of regular promotion posts. Unqualif....
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....ositive declaration will not be affected by the running of limitation." 5. Having regard to the dismissal of the Contempt Petition No. 2301 of 2019, dated 15.11.2019, as barred by limitation, Joint Registrar of the High Court of Kerala has raised the following objections: "The appellant in this Contempt Appeal is challenging the judgment dated 15.11.2019 in Cont. Case (C). No.2301/2019. Clarification was sought as to whether Contempt Appeal is the proper remedy. Reply furnished by the counsel is as follows: "Contempt Case was disposed by learned Single Judge on the ground that the same is time barred. The Court has not discharged the contemnor. Only if the contemnor is discharged, no appeal before Division Bench will lie. In fact, there is no delay in filing the Contempt case. It is a continuous one and the Contempt Case was filed within one year from the last order passed by the respondent." By making the above endorsement, learned counsel for contempt petitioner has requested the matter to be posted before this Court. Thus it is listed as Unnumbered Cont. Case of 2020 (F. No. 13886/2020). 6. While quashing the order impugned, writ cour....
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.... has been filed on 24.1.2020, which is beyond the period of limitation. 9. Section 19 of the Contempt of Courts Act,1971 deals with appeals and it reads thus: 19. Appeals.- (1) An appeal shall lie as of right from any order or decision of 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: Provided that 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. (2) 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. (3) 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 e....
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....39;ble Apex Court had held that it is only when the Court decides to take action and initiates proceedings for contempt that it assumes jurisdiction to punish for contempt. Exercise of the jurisdiction to punish for contempt commences with the initiation of proceedings for contempt. That is why, the terminus a qua for a period of limitation provided under S.20 is the date when a proceeding for contempt is initiated by the Court. 16. As the petition has been presented after expiry of the statutory limitation, the Court cannot entertain the same. 18. Undoubtedly, a party cannot be rendered remediless (vide Rameshwar Lal v. Municipal Council, Tonk, 1996 (6) SCC 100 but the Court must be satisfied that party has a right to enforce and he has endeavoured to enforce it and in order to do that he has persued the case deligently*** and bona fide. The rights claimed by the petitioner are doubtful and it is further fortified from the fact that the petitioner himself has approached this Court after a lapse of six years and it appears that he had not been perusing the remedy deligently and effectively and there is no justification for resorting to the provisions under Art.215....
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....cording to us, the aforesaid ratio of the decision of this Court squarely applies to the facts of the present case and, therefore, we reject the contention of the appellant, who appears in person, that the initiation of the contempt proceeding is barred by limitation. So far the merits of his arguments are concerned, we are of the opinion that the letter which was written by him brings direct insinuation against the sitting Judges of the Bombay High Court. The appellant has not been able to show us any truth of the allegation made. No material is shown to us to substantiate the allegation of taking money by a Judge of the High Court. There has been a number of such baseless insinuation against other Judges also in the present affidavit, which is filed before this Court." (iii) In Ravi v. G.R. Kanagaraj reported in 2018 KHC 4359, the High Court of Madras held thus: "9. The general principle of law in this regard is that whenever there is a Special Act enacted in respect of limitation, the powers conferred under the Constitution as well as the Special Act to be read cogently and harmoniously. Harmonious reading of these provisions, no doubt, the High Courts are empo....
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....ion of the contempt is the application dated 18.11.2008 field by Mr. Manoj Kumar Srivastava and Mr. Veer Singh, Advocates, and since the High Court had considered the application within one year and had taken action by issuing notice, though after six years, it is within time. 10. Our attention is invited to a three Judge Bench decision of this Court in Pallav Sheth v. Custodian and Others [AIR 2001 SC 2763] and particular, to paragraphs39 and 40. Paragraphs 39 and 40 reads as follows: "39. In the case of criminal contempt of a subordinate court, the High Court may take action on a reference made to it by the subordinate court or on a motion made by the Advocate -General or the Law Officer of the Central Government in the case of a Union Territory. This reference or motion can conceivably commence on an application being field by a person whereupon the subordinate court or the AdvocateGeneral if it is so satisfied may refer the matter to the High Court. Proceedings for civil contempt normally commence with a person aggrieved bringing to the notice of the Court the wilful disobedience of any judgment, decree, order etc. which could amount to the commission of the o....
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....s the Central Government may, by notification in the Official Gazette, specify in this behalf, or any other person, with the consent in writing of such Law Officer. (2). In the case of any criminal contempt of a subordinate Court, the High Court may take action on a reference made to it by subordinate Court or on a mote made by the Advocate-General or, in relation to a Union territory, by such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf. (3). Every motion or reference made under this section shall specify the contempt of which the person charged is alleged to be guilty. Explanation - In this section, the expression "Advocate -General" means- (a) in relation to the Supreme Court, the Attorney-General or the Solicitor General; (b) in relation to the High Court, the Advocate -General of the State or any of the States for which the High Court has been established; (c) in relation to the Court of a Judicial Commissioner, such law officer as the Central Government may, by notification in the Official Gazette, specify in this behalf." 14. Criminal Contempt of Court....
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....ving a conclusion that a gross injustice to the society or the case is of public importance, then the inherent powers provided under Article 215 of the Constitution of India, can be exercised without reference to Section 20 of the Contempt of Courts Act. A litigant may come out with an interpretation that an injustice is caused to all the orders or judgments passed by the High Courts. Such a general proposition, as advanced by the learned counsel appearing for the petitioner deserves no merit consideration. No doubt, the litigants approach the Court to get justice, that does not mean that all the contempt applications have to be entertained after a period of one year prescribed under Section 20 of the Contempt of Courts Act, 1971. Generalisation in this regard can never be encouraged. What exactly the circumstances warranting interference under Article 215 of the Constitution of India has to be decided judiciously and applying the peculiar facts and circumstances prevailing in each and every case. General application in this regard is certainly impermissible and Courts have to interpret these provisions in a pragmatic way than in a general manner. In other words, the principles of ....
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....y the jurisdiction to decree the suit or dismiss the same. But when a court is conferred with the power or jurisdiction to act in a particular manner, the exercise of jurisdiction or the power will involve the acting in that particular manner and in no other. Article 215 confers jurisdiction or power on the High Court to punish for contempt. The High Court can exercise its jurisdiction only by punishing for contempt. It is true that in considering a question whether the alleged contemnor is guilty of contempt or not, the court hears the parties and considers the materials produced before it and, if necessary, examines witnesses and, thereafter, passes an order either acquitting or punishing him for contempt. When the High Court acquits the contemnor, the High Court does not exercise its jurisdiction for contempt, for such exercise will mean that the High Court should act in a particular manner, that is to say, by imposing punishment for contempt. So long as no punishment is imposed by the High Court, the High Court cannot be said to be exercising its jurisdiction or power to punish for contempt under Article 215 of the Constitution. 11. It does not, however, mean that when....
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....al is a creature of a statue. Unless a statute provides for an appeal and specifies the order against which an appeal can be filed, no appeal can be filed or entertained as a matter of right or course. S.19 of the Act says: "Appeals - (1) An appeal shall lie as of right from any order or decision of 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 : Provided that 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. (2) 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. (3) Where any person aggrieved by any order against which an appeal may be filed satisfies the High Court....
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....ceedings. The words 'any order' has to be read with the expression 'decision' used in said sub-section which the High Court passes in exercise of its jurisdiction to punish for contempt. 'Any order' is not independent of the expression 'decision. They have been put in an alternative from saying 'order' or 'decision. In either case, it must be in the nature of punishment for contempt. If the expression 'any order' is read independently of the 'decision' then an appeal shall lie under Sub-section (1) of Section 19 even against any interlocutory order passed in a proceeding for contempt by the High Court which shall lead to a ridiculous result. 5. It is well known that contempt proceeding is not a dispute between two parties, the proceeding is primarily between the court and the person who is alleged to have committed the contempt of court. The person who informs the court or brings to the notice of the court that anyone has committed the contempt of such court is not in the position of a prosecutor, he is simply assisting the court so that the dignity and the majesty of the court is maintained and upheld. It is for the ....
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....inable against an order dropping proceeding for contempt or refusing to initiate a proceeding for contempt is apparent not only from Subsection (1) of Section 19 but also from Sub-section (2) of Section 19 which provides that pending any appeal the appellate Court may order that- (a) the execution of the punishment or the 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. Sub-section (2) of Section 19 indicates that the reliefs provided under Clauses (a) to (c) can be claimed at the instance of the person who has been proceeded against for contempt of court. 6. But even if no appeal is maintainable on behalf of the person at whose instance a proceeding for contempt had been initiated and later dropped or whose petition for initiating contempt proceedings has been dismissed, is not without any remedy. In appropriate cases he can invoke the jurisdiction of this Court under Article 136 of the Constitution and this Court on being satisfied that it was a fit case where proceeding for contempt should hav....
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....ion 19 has been considered by this Court in Baradakanta Mishra v. Justice Gatikrushna Misra (1975 CriLJ 1), Purushotam Dass Goel v. Justice B.S. Dhillon (1978 Cri.LJ 772), Union of India v. Mario Cabral e Sa (AIR1982SC691), D.N. Taneja v. Bhajan Lal [(1988) 3 SCR 888], State of Maharashtra v. Mahboob S. Allibhoy (1996 CriLJ 2879) and J.S. Parihar v. Ganpat Duggar (AIR 1997 SC 113). These cases dealt with orders refusing to initiate contempt proceedings or initiating contempt proceedings or acquitting/ exonerating the contemnor or dropping the proceedings for contempt. In all these cases, it was held that an appeal was not maintainable under Section 19 of CC Act as the said Section only provided for an appeal in respect of orders punishing for contempt. 10.1) In Baradakanta Mishra (supra), a three Judge Bench of this Court held that an order declining to initiate a proceeding for contempt amounts to refusal to assume or exercise jurisdiction to punish for contempt and therefore, such a decision cannot be regarded as a decision in the exercise of its jurisdiction to punish for contempt. The question as to whether an appeal would be maintainable under Section 19 where the cou....
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....ection 19 only against any decision or order of a High Court passed in the exercise of its jurisdiction to punish for contempt.... When the High Court does not impose any punishment on the alleged contemnor, the High Court does not exercise its jurisdiction or power to punish for contempt. The jurisdiction of the High Court is to punish. When no punishment is imposed by the High Court, it is difficult to say that the High Court has exercised its jurisdiction or power as conferred on it by Article 215 of the Constitution. It is true that in considering a question whether the alleged contemnor is guilty of contempt or not, the court hears the parties and considers the materials produced before it and, if necessary, examines witnesses and, thereafter, passes an order either acquitting or punishing him for contempt. When the High Court acquits the contemnor, the High Court does not exercise its jurisdiction for contempt, for such exercise will mean that the High Court should act in a particular manner, that is to say, by imposing punishment for contempt. So long as no punishment is imposed by the High Court, the High Court cannot be said to be exercising its jurisdiction or po....
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.... within the meaning of that expression in Section 18 of Rajasthan High Court Ordinance. Accordingly, the Division Bench set aside the direction of the learned Single Judge to re-do the list. The said order was challenged before this Court. This Court confirmed the decision of the Division Bench and held as follows: "Therefore, an appeal would lie under Section 19 when an order in exercise of the jurisdiction of the High Court punishing the contemnor has been passed. In this case, the finding was that the respondents had not wilfully disobeyed the order. So there is no order punishing the respondent for violation of the orders of the High Court. Accordingly, an appeal under Section 19 would not lie. The question is whether seniority list is open to review in the contempt proceedings to find out, whether it is in conformity with-the directions issued by the earlier Benches. It is seen that once there is an order passed by the Government on the basis of the directions issued by the Court, there arises a fresh cause of act on to seek redressal in an appropriate forum. The preparation of the seniority list may be wrong or may be right or may or may not be in conformity....
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....rder was of a learned Single Judge and there is a provision for an intra-court appeal), or by seeking special leave to appeal under Article 136 of the Constitution of India (in other cases)." (IV) In R.N. Dey & others v. Bhagyabati Pramanik & others (2000) 4 SCC 400 the Hon'ble Apex Court held thus: "10. In our view the aforesaid contention of the learned counsel for the respondents requires to be rejected on the ground that after receipt of the notice, concerned officers tendered unconditional apology and after accepting the same, the High Court rejected the prayer for discharge of the Rule issued for contempt action. When the Court either suo moto or on a motion or a reference, decides to take action and initiate proceedings for contempt, it assumes jurisdiction to punish for contempt. The exercise of jurisdiction to punish for contempt commences with the initiation of a proceeding for contempt and if the order is passed not discharging the Rule issued in contempt proceedings, it would be an order or decision in exercise of its jurisdiction to punish for contempt. Against such order, appeal would be maintainable." (V) In Sujitendra Nath Singh Roy v.....