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TMI Blog2014 (1) TMI 1897X X X X Extracts X X X X X X X X Extracts X X X X ..... umble down if the respect of the judiciary is undermined. Undoubtedly, the contempt jurisdiction is a powerful weapon in the hands of the Courts of law but that by itself operates as a string of caution and unless, thus, otherwise satisfied beyond reasonable doubt, it would neither fair nor reasonable for the law Courts to exercise jurisdiction under the Act. The proceedings are quasi-criminal in nature, and therefore, standard of proof required in these proceedings is beyond all reasonable doubt. It is well settled principle of law that if two interpretations are possible, and if the action is not contumacious, a contempt proceeding would not be maintainable. The effect and purport of the order is to be taken into consideration and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved, 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 dated 19.11.2003 but did not award the back wages to the applicant for the period he was out of job. The Nigam filed LPA No. 646 of 2009 challenging the order of the learned Single Judge. The applicant also filed LPA No. 542 of 2009 for claiming the arrears of pay. The LPA of Nigam was dismissed affirming the judgment and order of the Single Judge vide judgment and order dated 24.7.2009 and has attained finality. The appeal filed by the applicant was also dismisse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicant is entitled for the claim and the Respondents should be prosecuted and punished for disobedience of the said judgments and orders. 5. On the contrary, Shri Narender Hooda, learned AAG appearing on behalf of the Respondents, has vehemently opposed the application contending that there is neither any direction of any court to give benefit of the revised post to the applicant, nor his candidature has ever been considered for that post. The State authority cannot be forced to pay the salary to two persons for one post. The applicant has never challenged the re-designation of Smt. Poonam Bhasin. Thus, there is no wilful disobedience of any order passed by this Court. The application for initiating the contempt proceedings is totally ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the majesty of law, for the reason that respect and authority commanded by the Courts of law are the greatest guarantee to an ordinary citizens that his rights shall be protected and the entire democratic fabric of the society will crumble down if the respect of the judiciary is undermined. Undoubtedly, the contempt jurisdiction is a powerful weapon in the hands of the Courts of law but that by itself operates as a string of caution and unless, thus, otherwise satisfied beyond reasonable doubt, it would neither fair nor reasonable for the law Courts to exercise jurisdiction under the Act. The proceedings are quasi-criminal in nature, and therefore, standard of proof required in these proceedings is beyond all reasonable doubt. It would r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and intends to do the same. Therefore, there has to be a calculated action with evil motive on his part. Even if there is a disobedience of an order, but such disobedience is the result of some compelling circumstances under which it was not possible for the contemnor to comply with the order, the contemnor cannot be punished. Committal or sequestration will not be ordered unless contempt involves a degree of default or misconduct . (Vide: S. Sundaram Pillai, etc. v. V.R. Pattabiraman; AIR 1985 SC 582; Rakapalli Raja Rama Gopala Rao v. Naragani Govinda Sehararao and Anr. AIR 1989 SC 2185; Niaz Mohammad and Ors. etc. etc. v. State of Haryana and Ors. AIR 1995 SC 308; Chordia Automobiles v. S. Moosa AIR 2000 SC 1880; Ashok Paper Kamgar Unio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be taken into consideration and the same must be read in its entirety. Therefore, the element of willingness is an indispensable requirement to bring home the charge within the meaning of the Act. (See: Sushila Raje Holkar v. Anil Kak (Retd.) AIR 2008 (Supp-2) SC 1837; and Three Cheers Entertainment Pvt. Ltd. and Ors. v. C.E.S.C. Ltd. AIR 2009 SC 735). 14. In view of the aforesaid settled legal proposition, we have repeatedly asked the learned Counsel appearing for the applicant under what circumstances this Court can ask the statutory authority to pay the salary to two persons for one post, particularly in view of the fact that Smt. Poonam Bhasin had never been a party to the lis, nor her re-designation/promotion had ever been challe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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