NANAK CHAND Vs. STATE

JUDGEMENT

(1.) These suo motu proceedings have been initiated in view of an order dt. Sept. 26, 1987 passed by the Sub-Divisional Judicial Magistrate, Theog (hereinafter referred to as "the lower Court"), in the course of a proceeding initiated by him suo motu in the purported exercise of contempt jurisdiction against the Junior Engineer, Telephone Exchange, Theog (hereinafter referred to as "the J.E."). The origin of the proceedings culminating into the said order is to be found in an unfortunate controversy which developed between the lower Court and the J.E. in connection with the alleged non-payment of certain trunk call bills and the consequential disconnection of the office telephone of the lower Court.

(2.) It appears that the following three bills were issued by the telephone authorities for the recovery of charges of trunk calls allegedly booked from the telephone installed in the office of the lower Court. 1. Bill dated 21-1-1987 for Rs. 174/- 2. Bill dated 21-3-1987 for Rs. 157/- 3. Bill dated 21-5-1987 for Rs. 147/- It further appears that the correctness of the bills was disputed by the lower Court in the course of a prolonged correspondence exchanged between the lower court and the telephone authorities. Since the payment due under the disputed bills was not made, the telephone appears to have been disconnected on Sept. 20/22, 1987.

(3.) On Sept. 21, 1987, the Naib Nazir of the lower Court submitted a report stating, inter alia, that the office telephone was disconnected on Sept. 20, 1987 on account of the non-payment of the aforesaid bills, although the detailed particulars with respect to those bills were received only on Sept. 17, 1987 and although the disconnection could not have been effected before the expiry of 15 days from the date of the receipt of such information.