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Supreme Court lays down criterion for contempt cases

NEW DELHI: The Supreme Court on Thursday stated contempt motion may be proceeded solely in respect of established wilful disobedience of the order of the court docket. A bench comprising Justices A M Khanwilkar and B R Gavai made the remark whereas discharging present trigger notices to the authorities issued in respect of annulment of recruitment course of of some workers of Uttar Pradesh Jal Nigam.
The apex court was listening to a batch of pleas difficult orders issued by the chief engineer of Uttar Pradesh Jal Nigam.
The SC had directed the Uttar Pradesh chief engineer to adjust to the judgement of the Allahabad HC of November 28, 2017 in a batch of writ petitions.
The chief engineer then issued orders thereby reengaging the petitioners and different appointees to their earlier place of posting. However, with a caveat that the stated appointment was topic to the freedom granted by this court docket and that no arrears could be paid by the respondent company.
This order of the chief engineer, in response to the contempt petitioners, is “in the teeth” of the choice of the highest court docket and, due to this fact, the respondents be proceeded for having dedicated wilful disobedience of the SC order. “In exercising contempt jurisdiction, the primary concern must be whether the acts of commission or omission can be said to be contumacious conduct of the party who is alleged to have committed default in complying with the directions given in the judgment and order of the court,” the bench stated.
While analyzing the submissions of the petitioners,, the bench famous that the orders handed by the HC and the apex court docket don’t include express course to reinstate the petitioners with continuity of service and again wages as such

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