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1992 (9) TMI 376 - SC - Indian Laws

Issues Involved: Contempt of Court for failure to comply with tribunal's order faithfully and in letter and spirit.

Background: A petition was filed challenging supersession and denial of promotion. Directions were issued for promotion within specified time frames. Department delayed compliance, leading to contempt proceedings.

Contempt Proceedings: Tribunal found appellants guilty of contempt for delays and lack of faithful compliance. Appellants were sentenced to pay fines for various omissions and commissions related to promotions and compliance with tribunal's orders.

Further Proceedings: Despite implementation within extended time, respondent claimed non-compliance. Tribunal found intentional down-grading of respondent's promotions and failure to convene special DPC for further promotions. Respondent approached Tribunal against appointment to equivalent post.

Judgment: Supreme Court allowed the appeal, setting aside the fine imposed on appellants. Court emphasized the need for wilful conduct as a primary element in contempt cases and clarified that non-compliance with tribunal's orders should be scrutinized, but in this case, the sentence was not justified.

This summary provides a detailed overview of the legal judgment, highlighting the key issues, background, contempt proceedings, further proceedings, and the final judgment by the Supreme Court.

 

 

 

 

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