RAJKUMAR Vs. SABITHA, IAS

JUDGEMENT

(1.) This Contempt Petition is filed alleging willful disobedience of the order passed in W.P(MD)No.13326 of 2016 dated 30.08.2016.

(2.) It is represented that Writ Appeal has been filed against the order passed in W.P(MD)No.13326 of 2016 dated 30.08.2016 and the same is pending before the Hon'ble Division Bench of this Court. Applying the principle of Doctrine of Merger, the writ petitioner can file contempt proceedings only before the Hon'ble Division Bench of this Court after the orders in Writ Appeal and the Single Judge cannot deal with the Contempt Petition now initiated by the petitioner.

(3.) At this juncture, it would be worth referring to the decision of the Apex Court in the case of Kunhayammed & Others -vs- State of Kerala & Another, 2000 6 SCC 359, wherein, the principle of Doctrine of Merger has been widely discussed. Relevant portions of the said decision are usefully extracted hereunder:-