DESAI NAYANKUMAR LALABHAI Vs. UNION PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) If an order passed by the High Court under Article 226 of the Constitution of India is not complied with and thereby not executed, apart from Section 11 of the Contempt of Courts Act, 1971, the High Courts, as the Court of record, have all the powers of such a Court including the power to punish for contempt of itself under Article 215 of the Constitution of India, which reads as follows:

(2.) In addition to such power, for execution of the High Court orders under Article 226 of the Constitution, the High Court has framed Rule 190. For such execution, the High Court order has to be drawn up including the costs as if it were a decree and can be executable as a decree in the manner provided in the Code of Civil Procedure as evidence from Rules 189 and 190 of the High Court Rules and quoted hereunder:

(3.) In view of the fact that the aforesaid two provisions are in addition to Article 215 of the Constitution of India and they do not curtail the right of the Court to pass order under Article 215 of the Constitution of India, Rules 189 and 190 of the High Court Rules cannot be held to be ultra vires of Article 215 of the Constitution of India. In absence of any merit, this writ petition is dismissed. No costs.