Hon'ble S.C. Agarwal,J.
The present appeal under Section 19 of the of the Contempt of Courts Act, 1971 has been filed against the order dated 15.12.2009 passed by the learned Single Judge in Contempt Application (Civil) No. 1783 of 1998 whereby the charges have been framed and the appellant has been directed to file his reply and objection, if any on or before 13.1.2010.
Heard Sri K.N. Mishra, learned counsel appearing for the appellant and Sri L.M. Singh, learned counsel appearing for the respondent no. 1. A preliminary objection has been raised by Sri L.M. Singh that the contempt appeal is not maintainable against the order dated 15.12.2009. In support of this contention, he has relied upon a Division Bench decision of this Court in the case of S.M.A. Abdi, the Principal Secretary (Law) Government of Uttar Pradesh and another Vs. Private Secretaries Brotherhood and another 2009 (4) AWC 4026.
Sri K.N. Mishra, learned counsel for the appellant submitted that the present appeal is maintainable and has relied upon a decision of the Apex Court in case of Midnapore Peoples' Co-operative Bank Ltd. & others Vs. Chunilal Nanda & others AIR 2006 Supreme Court 2190, and also a Full Bench decision of this Court in the case Sadhana Upadhyaya (Smt.) Advocate Vs. State of U.P. (2008) 3 UPLBEC 2113.
We have given our thoughtful consideration to the various pleas advanced by the learned counsel for the parties on the question of maintainability of the present appeal. We find that the Apex Court, in case of Midnapore Peoples' Co-operative Bank Ltd. (supra) has held that an appeal under Section 19 of the Contempt of Courts Act is maintainable only against an order or decision of the High Court passed in exercise of its jurisdiction to punish for contempt i.e. an order imposing punishment for contempt.
In the Full Bench decision of this Court in the case of Sadhana Upadhyaya (Smt.) Advocate (supra), this Court has held that where a person in exercise of jurisdiction under the Contempt of Court was ordered to be taken into custody, an appeal under Section 19 of the Contempt of Courts Act would lie. A Division Bench of this Court in case of S.M.A. Abdi, the Principal Secretary (Law) Government of Uttar Pradesh and another has held that an appeal under Section 19 of the Contempt of Courts Act lies only against an order and decision imposing punishment for contempt and not against any order as and when passed by learned Single Judge. Thus, an appeal under Section 19 of the Contempt of Courts Act is maintainable only against an order imposing punishment and not against every order. In the present case vide order dated 15.12.2009 only charges have been framed against the appellant.
Therefore the present appeal is not maintainable and is dismissed.
Order Date :- 27.1.2010 KU