LAWS(CHH)-2017-1-27

ANIL KUMAR DUBEY Vs. PRADEEP KUMAR SHUKLA

Decided On January 25, 2017
ANIL KUMAR DUBEY Appellant
V/S
Pradeep Kumar Shukla Respondents

JUDGEMENT

(1.) On account of cleavage of opinion between two Division Benches of this Court regarding maintainability of an appeal under Section 19 of the Contempt of Courts Act, 1971 (hereinafter called 'the Act, 1971'), the following question has been referred for adjudication by this Full Bench:

(2.) A Division Bench of this Court vide its order dated 22.01.2015 in M.A. No. 04 of 2015 held that an appeal lies against an order framing a charge in contempt proceedings under Section 19 of the Act, 1971. However, in another judgment delivered by another Division Bench of this Court on 06.04.2016 in M.A. No. 15 of 2016 and other analogous cases, it has been held that an appeal under Section 19 of the Act, 1971 would lie only from an order or decision imposing a punishment for contempt and unless there is an order or decision imposing punishment, an appeal under Section 19(1) of the Act, 1971 would not be maintainable.

(3.) At the outset, we may mention that the judgment passed on 06.04.2016 does not take note of the earlier judgment of the Division Bench of this Court, passed on 22.01.2015. It appears that the attention of the latter Division Bench was not drawn to the earlier judgment. Therefore, the second judgment would be 'per incuriuam'. However since the matter is of importance, we propose to decide the same.