AMALENDU CHANDRA Vs. PROF. RAJIV SHEKHAR

JUDGEMENT

(1.) Heard Sri Manish Goyal, learned senior counsel, assisted by Sri Rohan Gupta, for the appellants and Sri Ashok Khare, learned senior counsel, assisted by Sri Avneesh Tripathi, for the respondent.

(2.) This intra court appeal under Chapter VIII Rule 5 of the High Court Rules is against the order dtd. 21/10/2022 passed by the learned Single Judge in Contempt Application (Civil) No. 5669 of 2022. The operative portion of the order dtd. 21/10/2022 with which the appellants are aggrieved is extracted below:-

(3.) The case of the appellant is that they were opposite parties in Contempt Application (Civil) No. 5669 of 2022 filed by the respondent alleging violation of court's order dtd. 19/10/2019 in Writ A No. 16060 of 2019; that the order dtd. 19/10/2019 nowhere mandates grant of HAG scale to the writ petitioner; and, therefore, the learned Single Judge exercising contempt jurisdiction exceeded its jurisdiction by issuing a direction as if it were a writ court. It is thus prayed that the order of the learned Single Judge be quashed. With regard to the maintainability of the intra court appeal, it is submitted that the impugned direction is beyond the scope of the order of which wilful disobedience is alleged hence, the intra court appeal is maintainable in light of Supreme Court decision in Midnapore Peoples Coop. Bank Ltd. v. Chunilal Nanda, (2006) 5 SCC 399.