CONTEMPT OF COURT

Nand Ji,plz. avoid capital letter typing ,it does not look good,at least to me.

Govt. officers  should be suspended and then dismissed, not only for disobeying court orders but for disobeying rules of their departments.

enquiry to be conducted and orders to be passed in view of contempt of order of Court

(2) In the case of any criminal contempt of a subordinate court, the High Court may take action on a reference made to it by the subordinate court or on a motion made by the Advocate General or, in relation to a Union territory, by such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf.

Law Point

For the concept of Contempt of Court, the Contempt of Court Act, 1971 was passed which dealt with such a concept. Article 129 and 215 of the Constitution of India empowers the Supreme Court and High Court respectively to punish people for their respective contempt. Section 10 of The Contempt of Courts Act of 1971 defines the power of the High Court to punish contempts of its subordinate courts. Power to punish for contempt of court under Articles 129 and 215 is not subject to Article 19(1)(a).

I suppose in this Act Court means High Court and the higher court only has the jurisdiction and power to punish contempt. Reference of contempt with the application by any person for contempt of courts order may be made to the High Court by the lower court. If I am wrong please clarify with citation or appropriate rule/law.

 In the case of contempt of court in litigation between two private parties, the aggrieved party can go to court with an application for contempt of court. But in the case of Government Servants, the aggrieved parties are the Public. In such a case who will apply for action under Contempt of Court? Unless someone comes up with a PIL, the case will only lapse.  If a Government Officer commits contempt of court in his official capacity, it is considered that the Government itself is guilty of the offence, not the officer concerned. What happened to Vilasrao Deshmukh? It was Maharashtra Government, which was fined, not Deshmukh himself.

Its true but the contempt petition is always filed in the name of the person concerned who is sitting at highest echelon and whose duty is to comply the orders of the judiciary for functioning of the efficient democarcy If the highest official is reckless then what about the officials at low deppt

Contempt petition is filed aginst the wilfful and delibrate default and if it has genuine reasons it may explain the court and the court will discharge the notices

My request for clarification still remains unanswered.

MPS Ramani, with due respect,I disagree on logical basis (not legal,I do not know the law much).

If a Govt. servant is caught taking bribe ,it does not mean Govt. has been caught.

Similarly if a Govt. servant is entitled to face contempt of court due to his own fault or mistake,Govt. is not responsible for his misdeeds ,hence case against such Govt. servants would lapse but it is stronger because he/she is Govt. servant,easily traceable,can not run way easily.

APlz. read

hence case against such Govt. servants would NOT lapse but it is stronger because he/she is Govt. servant,easily traceable,can not run way easily.