DHARAM PAL Vs. R.S. MALIK

JUDGEMENT

(1.) THIS is a petition under Section 12 of the Contempt of Courts Act (in short 'the Act') for initiating contempt proceedings against the respondent for intentionally disobeying the order dated July 02, 2001 in Criminal Appeal titled as Dharam Pal Tewari v. State of Haryana.

(2.) DHARAM Pal-petitioner was working as Lineman (Operation) in Sub Division Pataudi. A criminal case under Sections 452/354 IPC was registered against him vide FIR No. 15 dated 16.1.1997, at Police Station Jatusana, District Rewari. He was tried for the offences complained of. The Judicial Magistrate Ist Class, Rewari at the close of the trial, found him guilty. As per judgment dated 9.6.2001, he was convicted and sentenced to undergo one and a half years rigorous imprisonment and also to pay fine of Rs. 2000/- and in default of payment of fine, to undergo rigorous imprisoned for a period of three months. Aggrieved by the judgment dated June 09, 2001, he preferred appeal. The learned Additional Sessions Judge, Rewari vide his order dated July 02, 2001, stayed the operation of the judgment impugned therein and conviction order. He was also allowed bail during the pendency of the appeal.

(3.) THE petitioner's grievance is that once the operation of the judgment of conviction and order of sentence has been stayed, the disciplinary authority could not pass any order affecting his service. In fact, no order adverse to the interest of the petitioner could be passed on the basis of judgment dated June 09, 2001 passed by the Judicial Magistrate Ist Class, Rewari. By passing the order Annexure P-3, respondent has wilfully disobeyed the order Annexure P-1 passed by the learned Additional Sessions Judge, Rewari.