TMI Blog1972 (9) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... f contempt. - Criminal Appeal No. 312 of 1971. - - - Dated:- 29-9-1972 - Dwivedi, S. N. , Shelat, J.M. And Chandrachud, Y.V.,JJ. JUDGMENT The Judgment of the Court was delivered by DWIVEDI, J. The appellant is a member of the Superior Judicial Service of the State of Orissa, He was at one time officiating as District Judge. At the relevant time he was functioning as Commissioner of Hindu Religious Endowments, Orissa. The office of the Commissioner is created by the Orissa Hindu Religious Endowments Act. In village Sanabagalpur there are two deities. The Additional Assistant Commissioner of Hindu Religious Endowments took action under s. 27 of the said Act for appointing an interim trustee of the deities. The person incharge of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... institution has no hereditary trustee. The Assistant Commissioner has impliedly done so. 2. The next argument that without a final declaration as to the nature of the institution, no appointment under Section 27 can be made, does not seem to be correct. The decision in the High Court on Bantala case would not be applicable to this instance. Further against the order, we have moved the Supreme Court, and as such, the matter can be safely deemed to be subjudice. 3. In order to establish that the petitioner is the hereditary trustee, he has to file an application under section 41 of the Act. No doubt the court can initiate such a proceeding, But we should not do it where the institution appears to be safely a public one, in this instance, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cuttack 54) The High Court further held that "we do not And any trace of bona fides of the condemner in the order dated 19th January, 1970........ The condemner is a senior judicial officer who has already -put in 23 years of service; having been recruited as a Munsif he has now risen to the rank of District Judge. We regret to find that though he has functioned as a judicial officer for about 23 years he has not been able to pick up the approach and attitude of a judicial officer and has actuated by the bias so often manifested in action of the -executive today while disposing of a judicial proceeding and when found fault with has come up with the stand that he was acting administratively." After examining the matter further, the High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the court's order; it also signifies such conduct as tends to bring the authority of the court and the administration of law into, disrepute. (Vide 17 Corpus furls Secundum pages 5 and 6; Contempt by Edward N. Dangel (1939 Edn.) page 14. Oswald's Contempt of Court (1910 Edn.) pages 5 and 6). It is a commonplace that where the superior court's order staying proceedings is disobeyed by the inferior court to whom it is addressed, the latter court commits contempt of court for it acts in disobedience to the authority of the former court. The act of disobedience is calculated to undermine public respect for the superior court and jeodardise the preservation of law and order. The appellant's case is to be examined in the light of the foregoi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y under the Orissa Hindu Religious Endowments Act, the appellant was subject to the superintendence of the High Court. Accordingly the decisions of the High Court were binding on him. He could not yet away from them by adducing factually wrong and illegitimate reasons. In East India Commercial Co. Ltd. Calcutta and Another v. The Collector of Customs, Calcutta ([1963] 3 S.C R. 338 at 366) Subba Rao J. observed : "The Division Bench of the High court held that a contravention of a condition imposed by a licence issued under the Act is not an offence under s. 5 of the Act. This raises the question whether an administrative tribunal can ignore the law declared by the highest court in the State and initiate proceedings in direct violation of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law laid down by the High Court and impair the constitutional authority of the High Court. Ms conduct is therefore comprehended by the principles underlying the law of Contempt. The analogy of the inferior court's disobedience to the specific order of a superior court also suggests that his conduct falls within the purview of the law of Contempt. Just as the disobedience to a specific order of the Court undermines the authority and dignity of the court in a particular case, similarly the deliberate and malafide conduct of not following the law laid down in the previous decision undermines the constitutional authority and respect of the High Court. Indeed, while the former conduct has repercussions on an individual case and on a limited num ..... X X X X Extracts X X X X X X X X Extracts X X X X
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