Held that non-disposal of an appeal does not constitute contempt. Directed the second respondent to dispose of the pending appeal within three months and dismissed the contempt case.
The Second Respondent is directed to dispose of the pending appeal within three months of receiving this order. The contempt case is disposed of.
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THE HON’BLE SRI JUSTICE RAJA ELANGO
Contempt Case No.1564 of 2015
ORDER
This contempt case is filed alleging willful disobedience of the orders of this Court passed in W.P.No.11382 of 2015, dated 21.04.2015, wherein this Court directed the petitioner to file an appeal against the order of removal and on filing such an appeal, the appellate authority concerned is directed to dispose of the same as expeditiously as possible.
2. The grievance of the petitioner is that he preferred an appeal on 22.04.2015 before the second respondent, but no orders have been passed till date. Non-disposal of the appeal cannot be construed as contempt of Court. Therefore, this Court is of the view that no contempt much less willful contempt of the order of this Court. In any event, taking into consideration the facts and circumstances of the case, the authority concerned where the appeal is pending is directed to dispose of the appeal within a period of three months from the date of receipt of a copy of this order.
3. Accordingly, the Contempt Case is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this case shall stand closed.
______________ RAJA ELANGO.
12th February, 2016
sj
2 issues framed by the court
Whether non-disposal of an appeal by the second respondent constitutes willful disobedience of the Court's order.
Whether the authority concerned must dispose of the pending appeal within a specified time.
Petitioner
Second Respondent
RAJA ELANGO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
