HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
CONTEMPT APPEAL No.11 OF 2014
DATED: 04.12.2014 Between:
Sri Rajeshwar Tiwari, IAS … Petitioner And Hindu Aided Elementary School, Ravinuthala … Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR CONTEMPT APPEAL No.11 of 2014
JUDGMENT: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
The appellant, on receipt of notice in the Contempt Case filed by the respondents herein before the learned Trial Judge, has brought this Contempt Appeal against the order of the learned Trial Judge in C.C.No.2186 of 2013 dated 24.11.2014. We dispose of this appeal so far as the imposition of fine is concerned.
We have carefully read the judgment of the learned Trial Judge and we find with great respect that His Lordship has not recorded any finding that the alleged contemnor, who is the appellant before us, has willfully disobeyed the order of the Court. In the absence of recording any such finding specifically, no punishment can be imposed for the civil contempt, which is defined under Section 2(b) of the Contempt of Courts Act, 1971 and it is reproduced as follows.
“civil contempt” means willful disobedience to any judgment, decree, direction, order, writ or other process of a Court or willful breach of an undertaking given to a Court.
The contempt proceedings are quasi criminal in nature, the alleged contemnor must be told clearly about the charges and decide, if denied, the correctness of such complaint. It has to be indeed, with the requirement of law. This basic legal requirement is not mere formality, but a facet of natural justice. The Court cannot afford to deny it. Hence, we delete the punishment of fine. However, we think since the respondent has incurred expenses for filing the Contempt application, a sum of Rs.2,000/- shall be paid to him by way of costs. At the first instance, the State shall pay the costs to the respondent/applicant within fortnight from the date of receipt of the copy of this order. It would be open for the State Government, if so minds, to recover the costs from the person or persons, who are responsible for non- implementation of the order, within the time mentioned by the Hon’ble Trial Judge proportionately.
The Contempt Appeal is allowed to the extent indicated above. However, we make it clear that the contempt proceedings initiated for implementation of the order are pending.
Consequently, miscellaneous petitions, if any pending, shall stand dismissed.
4th DECEMBER, 2014.
K.J. SENGUPTA, CJ Note: L.R.Copy to be marked.
kvni SANJAY KUMAR, J