Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 252 of 2021 Appellant :- Committee Of Management Adarsh Vidyalaya Junior High School Respondent :- Sri K. Chandra Mauli ,Secretary Education (Basic) And 7 Others Counsel for Appellant :- Dinesh Kumar Singh,Syed Ahmed Faizan,Zaheer Asghar Counsel for Respondent :- Kailash Singh Kushwaha
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Jayant Banerji,J.
By this appeal, a challenge is made to the order dated 01.02.2021 on a contempt petition. An order of punishment has not been passed so as to maintain this appeal under Section 19 of the Contempt of Courts Act, 1971. Section 19 of the Act of 1971 is quoted herein for ready reference-:
"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 Judge 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 exercise all or any of the powers conferred by sub-section (2).
(4) An appeal under sub-section (1) shall be filed
(a) in the case of an appeal to a Bench of the High Court, within thirty days;
(b) in the case of an appeal to the Supreme Court, within sixty days, from the date of the order appealed against."
In view of the provision quoted above, this special appeal is not maintainable before this Court as the petitioner has not been punished.
The special appeal preferred before the Division Bench is maintainable when an order of punishment is passed.
In view of the aforesaid, special appeal is dismissed finding it not to be maintainable.
Order Date :- 30.7.2021 Nirmal Sinha (Jayant Banerji, J.) (Munishwar Nath Bhandari, A.C.J.)