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TMI Blog2012 (2) TMI 735X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Aggrieved by these observations, the Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 the members of the Tribunal, who are former Judges of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the orders have not been implemented forthwith. If the court is told that the directions o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 must not be hyper- sensitive or swung by emotions, but must act judiciously. In Dinabandhu Sahu v. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble to them. It is in this type of situation they are expected to rise to the occasion and avoid passing disparaging remarks. This would reflect their learning magnanimity and maturity, particularly when they accept the unconditional apology offered by the contemnors. 13. Accordingly, we allow this appeal and expunge all those remarks/ observations made by learned Judges in the course of their ord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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