This court dismissed a contempt petition alleging violation of an order dated 6.7.2007. It held that absent a specific undertaking or directional order from the respondents, contempt proceedings cannot be based solely on inferences from past orders.
Contempt petition dismissed.
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In the High Court of Judicature for Rajasthan
at Jaipur Bench, Jaipur
ORDER
SB Civil Contempt Petition No.314/2014
in
SB Civil Writ Petition No. 5451/2004
Smt. Phoolwati Devi v. Shri Shrimat Pandey &
Ors
Date of Order:1.9.2014
HON'BLE MR. JUSTICE ALOK SHARMA
None present
Contempt of the order dated 6.7.2009
passed by this Court is alleged in this
contempt petition.
To my mind the order dated 6.7.2009
passed by this Court does not entail any
directions of this Court or for that matter
any specific undertaking at the hands of the
respondents. All that the Addl. Govt. Counsel
for the State i.e the respondents stated
before the Court was that “an order whereby
two allegations has been levelled against the
petitioner” has been withdrawn. There was no
undertaking that the petitioner would not be
proceededagainstthereafter.Contempt
proceedings are quasi-criminal in character
and cannot be laid or proceeded with on the
basis of inferences drawn from the orders of
the Court.
In the circumstances if the petitioner
has been proceeded against thereafter in
respect of an alleged misconduct which the
respondent had not acted upon earlier, it is
for him to take his remedies as available in
law.
There is no force in the contempt
petition. Dismissed.
(ALOK SHARMA), J
Sharma NK
“All corrections made in the judgment/order have been
incorporated in the judgment/order being emailed.”
NK Sharma, Sr.P.A
2 issues framed by the court
Whether contempt proceedings can be initiated based on inferences drawn from the court's order without a specific undertaking from the respondents.
Whether the petitioner was bound by the previous order which only withdrew allegations rather than providing a fresh undertaking to refrain from future misconduct.
Smt. Phoolwati Devi
Shri Shrimat Pandey & Ors
Alok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court