BHUJ VEER SINGH Vs. PREETAM SINGH

JUDGEMENT

(1.) Since common prayer has been made by the respondents in all these bunch of petitions to defer the proceeding of the contempt petitions on identical grounds, hence objections raised by the respondents in these bunch of petitions are decided by the present order. By applications as well as orally it has been prayed that the proceeding of the contempt petitions may be deferred on account of pendency of Special Appeals filed by the State against the judgments and orders in question. A common ground has been raised by the respondents with the averment that against the orders pending for compliance, they have preferred Special Appeals under the rules of the Court or their applications for vacation of the interim orders are pending in the original writ petitions. Hence, the proceedings of the Contempt petitions may be deferred.

(2.) Criminal Misc. Case No.905(C)/2003 has been filed for non compliance of the judgment and order dated 9th of August, 2000 passed in 4964(S/S)/1990. The reason assigned by the opposite parties for non compliance of the aforesaid judgment and order is pendency of a Special Appeal in this Court. In Criminal Misc. Case No.25(C)/2004, petitioner has approached this Court on account of non compliance of the judgment and order dated 9th of August, 2000 passed in W.P.No.5763(S/S)/1998. By the judgment and order dated 9th of August, 2000 passed in the said writ petition, opposite parties were directed to pay the salary of the post of Collection Amins in the pay scale of Rs.1400-2300/- revised from time to time. The reason assigned by the opposite parties for non compliance of the judgment and order is the pendency of a Special Appeal in this Court filed against the said judgment. Criminal Misc. Case No.2016(C)/2004 has been filed by the petitioner on account of non compliance of the interim order dated 12th of July, 2004 passed in W.P.No.940(S/B)/2004. By the interim order, petitioner was allowed to continue as a Teacher till the end of the session. The reason assigned by the opposite parties for non compliance of the interim order in this case is pendency of a Stay Vacation Application in the writ petition concerned filed alongwith Counter Affidavit. In Criminal Misc. Case No.2188(C)/2004, by the interim order dated 18th of September, 2004 passed in W.P. No.142(S/S)/2004, opposite parties were directed to pay salary to the petitioner w.e.f. September, 2004 and permit him to discharge duty. The reason assigned by the opposite parties for non compliance of the interim order is pendency of a Stay Vacation Application filed in the writ petition alongwith Counter Affidavit. In Criminal Misc. Case No.114(C)/2005, grievance of the petitioner relates to non compliance of the interim order dated 21.12.2004 passed in W.P.No.7454(S/S)/2004. By the interim order, petitioner has been restored in service, staying the oral order of termination of service. In Criminal Misc. Case No.310(C)/2005, petitioner has approached this Court feeling aggrieved with the non compliance of the interim order dated 21st of December, 2004 passed in W.P.No.1835(S/B)/2004 by which petitioner was given benefit of continuity of service upto the end of academic session as a teacher. The reason assigned by the opposite parties for non compliance of the interim order is pendency of Stay Vacation Application filed alongwith Counter Affidavit in the writ petition.

(3.) Rules for preserving discipline is essential to the administration of justice came into existence with the law itself, and Contempt of Court (Contemptus curiae) has been a recognized phrase in English law from the twelfth century to the present time. In the Anglo Saxon laws and through Domesday Book, the records of Curia Regis and the Parliament, the first treatises on law and the Year books, the development of "contempt" in the legal sense can be traced. By the fourteenth century the principles upon which punishment was inflicted to restrain disobedience to the King and his courts as well as other acts which tend to obstruct the course of justice, had become firmly established. Civil Contempt is distinguished from the Criminal Contempt, which is wrong for which law awards reparation to the injured party. Virtually, the contempt is a wrong of a private nature as between subject and subject and the King is not a party to the proceedings to punish it. The punishment is a form of execution for enforcing the right of a suitor.