B.K. SRIVASTAVA Vs. RAKESH SINGH AND OTHERS

JUDGEMENT

(1.) ALLOWED subject to all just exceptions and CM disposed of.

(2.) WE have thus put a query to the appellant appearing in person as to how the present appeal would be maintainable. The appellant submits that in terms of the earlier order dated 26.07.2012, notice of the contempt was issued when a prima -facie case was found and merely because the writ petition is dismissed should not be a ground to dismiss the contempt petition. He further states that Letters Patent Appeal is maintainable.

(3.) THE issue qua maintainability of such an appeal is no more res -integra on account of various judgments including of Hon'ble Supreme Court. In Baradakanta Mishra Vs. Mr. Justice Gatikrushna Misra, Chief Justice of the Orissa High Court : 1975 (3) SCC 535, it was held that no right to appeal lies where the Court refuses to take action or initiate proceedings as a Court cannot be compelled to take action for its contempt. The remedy, however, would be available under Article 136 of the Constitution of India.