In this contempt petition, the petitioner complained of disobedience of the order passed by the Commissioner for Welfare of Handicapped. The single judge dismissed the petition, holding that the Commissioner is an authority, not a Court, despite descriptive titles or limited civil court powers.
The Contempt Petition is dismissed as it is not tenable.
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CP 430-08
1
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO.430 OF 2008
Ashok Janardan Devkar ..Petitioner
V/s.
M.B.Pathare..Respondent
None for the Petitioner
Mr.G.S.Hegde, Advocate, for the Respondent
CORAM : R.C.CHAVAN, J. DATE : 6TH AUGUST, 2010
P.C.
.None for the Petitioner. The learned
Counsel for the Respondent points out that the
Petitioner complains of disobedience of Order
passed by the Commissioner for welfare of
handicapped.
2.Merely because the Commissioner
describes himself as Judge, he does not become
a Judge. The powers given to the Commissioner
under Sections 62 and 63 of the Persons with
Disabilities (Equal Opportunities, Protection
of Rights and Full Participation) Act, 1995
2 CP 430-08
are only for the purpose of regulating the
proceedings before him. There are several
authorities who have the powers of the Civil
Court for dealing with proceedings before
them. Likewise, there are several authorities
who are deemed to be Civil Court for the
purpose of Section 195 & Chapter XXVI of Code
of Criminal Procedure. That does not make
such authorities a Court.
3.Therefore, a Petition under the
ContemptofCourtsActcomplaining
disobedience of his order is not tenable.
Contempt Petition is dismissed.
3 issues framed by the court
Whether a contempt petition is maintainable regarding disobedience of an order passed by the Commissioner for Welfare of Handicapped.
Whether an authority described as a Judge under the Persons with Disabilities Act is deemed a Civil Court.
Whether the powers under Sections 62 and 63 of the Persons with Disabilities Act make the Commissioner a Court for the purpose of the Contempt of Courts Act.
2 provisions across 2 enactments
Ashok Janardan Devkar
M.B. Pathare
R.C. Chavan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court