PITABASH SAHOO Vs. G R MOHANTY

JUDGEMENT

(1.) We have heard Shri G. S. Rath, learned counsel for the petitioner, and Shri B. K. Nayak, learned Additional Government Advocate.

(2.) SHRI Rath submitted that the present being a civil contempt, as defined in Section. 2(b) of the Contempt of Courts Act. 1971 thereinafter referred to as 'the Act') is to be heard and determined by a single Judge and if it would be heard and disposed of by a Division Bench, the aggrieved party would be deprived of the right of appeal to a Division Bench as provided in Section 19(1)(a) of the Act. We find sufficient force in this submission. Section 18 of the Act provides that case of criminal contempt criminal contempt is defined in Section. 2(c)] shall be heard and determined by a Bench of not less than two Judges. Section 19(1) provides that an appeal shall lie as of right from the order or decision of a single Judge to a Bench of not less than two Judges of the Court and where the order or decision is that of a Bench to the Supreme Court. A combined reading of the provisions of Sections 18(1) and 19(1) would show that the case of criminal contempt is to be heard and determined by a Division Bench whose order or decision is appealable in the Supreme Court and there is no specific mention as to who is to hear a case of civil contempt. If a case of civil contempt is heard and determined by a Division Bench an aggrieved party would be deprived of the right of appeal to a Division Bench of the Court which would be contrary to the scheme of Section 19(1)(a) which provides that an appeal shall lie as of right from the order or decision of a single Judge to a Division Bench. The right conferred under Section 19(1)(a) of appeal to a Division Bench of the Court is a substantive and vested fight and in order to give effect to the said provision a case o1 civil contempt is to be heard and determined by a single Judge. - -

(3.) FOR the reasons aforesaid, we hold that the case of civil contempt simpliciter shall hereafter be heard and disposed of by a single -Judge. The Registry is directed to take necessary steps in this regard.