Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Courts Act Constitution of India : Articles 215 and 226 1971 Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Contempt of Courts Act, 1971 (70 of 1971) |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Contempt of Courts Act, 1971: State Government's order of transfer-On challenge, High Court's refusal to interfere with the transfer matter-Imposition of President's rule in the State-Review of order of previous Government-Earlier transfer order stayed-Fresh transfer order issued-Challenge by transferee-High Court's direction to act as per earlier original transfer order-Directions given without issuing notice to respondent No. 2-Application for recalling the previous order-High Court directing the Engineer-in-Chief to be present in the Court and if he evades, he should be brought into police custody-High Court holding him "alleged contemnor" as he dared to stay the transfer orders-Observations to be introduced in the confidential report-Validity of-Held, gross abuse of power by High Court in exercise of its contempt jurisdiction-High Court erred in punishing him for contempt as no contempt was committed-Observations in the confidential report unwarranted-Constitution of India : Articles 215 and 226-Service Law. Appellant State Government passed an order transferring respondents 1 and 2, Assistant Engineers. The said transfer order was challenged by respondent No. 2. Division Bench of High Court dismissed the writ petition holding that no interference was called for in transfer matters. Subsequently, President's rule was imposed in the State and orders of previous Government were reviewed. Consequently the Engineer-in Chief stayed the order of transfer of respondent 1 and 2 and fresh transfer orders were issued. On challenge by respondent No. 1, High Court directed that he shall continue to function as per the earlier transfer orders. The above direction was issued without issuing notice to respondent No. 2, and he filed an application for recalling the said orders. When the matter came up for hearing, the High Court was of the opinion that without the physical presence of the appellant the matter could not be proceeded. Thus it directed the appellant to be present in the Court and if he evades he shall be brought into police custody with the assistance of Superintendent of Police. Accordingly he was present in the Court and tendered unconditional apology. The Court passed an order holding that the action of the appellant amounted to contempt as he had dared to stay the order of transfer on which final seal of approval was put by the Court. Rejecting the unconditional apology of appellant, the Court further directed that its displeasure be recorded in the confidential report of the appellant. Hence the present appeal. |
Judge | Hon'ble Mr. Justice M. Srinivasan |
Neutral Citation | 1998 INSC 60 |
Petitioner | State Of U.p. And Ors. |
Respondent | Ashok Kumar Saxena And Anr Etc. |
SCR | [1998] 1 S.C.R. 572 |
Judgement Date | 1998-02-04 |
Case Number | 21052 |
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