Top Court dismissed an appeal filed by a former District Magistrate challenging a judge's order that dismissed a contempt petition. The appeal was rejected as the lower court's view that the matter only required a caution with no further orders was deemed correct.
Contempt appeal dismissed without any costs.
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Court No. - 45
Case :- CONTEMPT APPEAL No. - 2217 of 1991
Appellant :- Subhash Kumar Respondent :- Daya Shanker Dubey Counsel for Appellant :- Umesh Narain Sharma
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajai Tyagi,J.
The official seems to have opted for Uttarakhand Cadre and has not even cared to appear. The order of the learned Judge cannot be found fault. In the impugned order holding that no grievance would survive and there is no disobedience of the order dated 11.01.1991. In that view of the matter, we concur with the learned Judge.
Shri Subhash Kumar, who is District Magistrate was reprimanded only, which reads as follows:-
" On a consideration of totality of circumstances in this case I hold that the opposite party did try to circumvent the orders passed by this Court. However, in my opinion it is not a proper case where any punitive action should be taken against the opposite party except to caution him for the future. The Court would expect from him greater care and mature sense of responsibility in the future and hope he will live up to expectation.
With the above observations the petition is dismissed. There will be no order as to costs ."
We concur with the same.
Accordingly, this appeal is dismissed . However, without any costs.
Order Date :- 24.11.2021 Ashutosh Pandey
1 issue framed by the court
Whether the learned judge's order holding no disobedience and cautioning the petitioner was correct without further punitive action.
Subhash Kumar
Daya Shanker Dubey
Kaushal Jayendra Thaker
Ajai Tyagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
