LAWS(P&H)-1951-5-41

SHEELA DEVI Vs. ADDITIONAL DEPUTY COMMISSIONER, GURDASPUR

Decided On May 28, 1951
SHEELA DEVI Appellant
V/S
ADDITIONAL DEPUTY COMMISSIONER, GURDASPUR Respondents

JUDGEMENT

(1.) This matter is connected with Letters Patent Appeal No. 30 of 1950 in which order has just been passed. The present application is under section 3 of the Contempt of Courts Act, Act 12 of 1926, and by it we are asked to take, proceedings for contempt against the Additional Deputy Commissioner S. Jaswant Singh Uppal P.C.S. and against Mian Raghbir Singh, now and formerly Additional Deputy Commissioner, Gurdaspur and Tehsildar, Rehabilitation Gurdaspur. The contempt alleged to have been committed is violation of an order made by Chief Justice Dewan Ram Lal on the 20th of October, 1948 where in the Civil Revision application referred to in the judgment in the Letters Patent Appeal No. 30 of 1950 filed against the vacation by an officer of the Rehabilitation Department of a so called stay order the learned Chief Justice when admitting the revision application made the following order :-

(2.) It is sufficient to look only to the application made under section 3 of the Contempt or Courts Act to hold that no justification exists for any action by us under the Contempt of Courts Act. The only material paragraphs of the petition are paragraphs 8, 13, 14 and 15. Paragraphs 8 is an follows :-

(3.) In short I find no grounds stated in the petition of which the action asked to take could be justified. I would therefore discharge the rule with costs which I would assess at Rs. 50.