R VINCENT Vs. MR MANIKFAN THE DIRECTOR CENTRAL INSTITUTE OF FISHERIES NAUTICAL AND ENGINEERING TRAINING MINISTRY OF AGRICULTURE DEPARTMENT OF ANIMAL HUSBANDARY AND DAIRYING

JUDGEMENT

(1.) THE above contempt petition has been filed praying to punish the respondents for disobeying the order passed by this Court in W.P.No,27855 of 2005, dated 11.12.2007.

(2.) IT has become a fashion now to file a contempt petition indiscriminately, immediately after obtaining an order, even for an observation made by the Court, without understanding the ramification of the contempt jurisdiction, in its proper perspective. Here is a case in which this Court on 11.12.2007 passed an order, which reads as follows:-

(3.) HERE in this case, a perusal of the letter dated 15.7.2009, it is evident that the respondent has taken steps for complying with the direction given by this Court. We do not find that the action of the respondents in not complying even within a shorter period can be regarded as a contumacious act, or deliberate disobedience of the order of this Court. When this legal position is put to the learned counsel for the petitioner, he replied that it is unfortunate that the Court is not granting the prayer when the petitioner is having a positive order. HERE again, we will have to say that is very unfortunate that counsel has refused to accept the legal position for desperate reasons that the order shall got to be executed at the threat of contempt proceedings and keeping the contempt petition hanging over the head of the respondents.