SERVICE SELECTION BOARD, J&K Vs. MOHINDER PAUL

JUDGEMENT

(1.) WE have heard Mr. Sunil Sethi. learned counsel for the petitioner as well as Mr. M.K. Bhardwaj, learned counsel for the respondents in extenso.

(2.) BY this petition, petitioner sought to review the judgment and order dated: 19 -10 -2001 passed by Division Bench of this court in CIMA 43/2000.

(3.) THE sole grievance of the petitioner raised in this petition is that in response to the stand taken by the respondents about the maintainability of the appeal, two judgments of the Honble Supreme Court i.e. (Sic) 2009 (10) SCC 285 and 2000 (4) 629. which covered the situation and held the appeal maintainable against an order passed on contempt by which request for dropping contempt proceedings has not been accepted, have not been referred at all and thus amounted to an error apparent on the face of record to justify the innovation of the power of review. It is further submitted that when the order of contempt of court is beyond jurisdiction, the appeal will lie against such an order.