9911796707
TMI Blog2014 (1) TMI 1897X X X X Extracts X X X X X X X X Extracts X X X X ..... f service as directed and thus, the Respondents should be dealt with under the provisions of Contempt of Courts Act, 1971 (hereinafter referred to as `the Act') and further, to direct the contemnors to implement the order in its true spirit and fix his pension according to the post of Joint Secretary (Legal) and provide all its retirement benefits. 2. Facts and circumstances of this petition are that the applicant while working as an Under Secretary (Legal), Dakshin Haryana Bijli Vitran Nigam Ltd. (hereinafter referred to as 'Nigam') was compulsorily retired vide an order dated 19.11.2003. Aggrieved, he challenged the said order by filing Writ Petition No. 3954 of 2004 and during its pendency, he reached the age of superannuati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Single Judge of the High Court had allowed the writ petition filed by the applicant quashing the order of compulsory retirement with all consequential benefits except back wages and this Court allowed the appeal of the applicant and has given back wages also. The conjoint reading of both the orders tantamount to grant of all possible/permissible benefits to the applicant for his service. As the applicant was senior to Smt. Poonam Bhasin, he was entitled to the re-designated post as well as the salary for the post of Joint Secretary (Legal), which has been denied by the Respondents. Therefore, the applicant is entitled for the claim and the Respondents should be prosecuted and punished for disobedience of the said judgments and orders. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the termination of his services and reinstatement in terms of the High Court's order. 8. Both the judgments referred to hereinabove speak of back wages and the judgment of the learned Single Judge in the High Court referred to all consequential benefits. Therefore, the question does arise as to whether such an order would also mean that the applicant could claim post revision and benefits of the higher post without being considered for the said post. 9. Contempt jurisdiction conferred onto the law Courts power to punish an offender for his wilful disobedience/contumacious conduct or obstruction to the majesty of law, for the reason that respect and authority commanded by the Courts of law are the greatest guarantee to an ordinary cit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal, conscious, calculated and deliberate with full knowledge of consequences flowing therefrom. It excludes casual, accidental, bonafide or unintentional acts or genuine inability. Wilful acts does not encompass involuntarily or negligent actions. The act has to be done with a "bad purpose or without justifiable excuse or stubbornly, obstinately or perversely". Wilful act is to be distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. It does not include any act done negligently or involuntarily. The deliberate conduct of a person means that he knows what he is doing and intends to do the same. Therefore, there has to be a calculated action with evil motive on his part. Even if there is a disobedience of an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsisted as to the applicability of the order of this Court to complainants held that it would not give rise to a contempt petition. The Court was dealing with a case wherein the statutory authorities had come to the conclusion that the order of this Court was not applicable to the said complainants while dealing with the case under the provision of West Bengal Land Reforms Act, 1955. 13. It is well settled principle of law that if two interpretations are possible, and if the action is not contumacious, a contempt proceeding would not be maintainable. The effect and purport of the order is to be taken into consideration and the same must be read in its entirety. Therefore, the element of willingness is an indispensable requirement to bring ..... X X X X Extracts X X X X X X X X Extracts X X X X
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