Contempt of Court

Civil contempt

— Flouting of High Court's order alleged — But subsequent to High Court's order Govt. issued certain orders which authority concerned was obliged to comply with — Whether in the circumstances the authority committed contempt — Order passed by High Court on 3-9-1997 directing Inspector of Schools to approve appointment of respondent and pay him scale of pay of Asstt. Teacher w.e.f. 7-6-1994 as also arrears of pay — That order carried out by appointing respondent as Asstt. Teacher by order dated 19-2-1999 — But pursuant to State Govt. orders dated 24-4-2000 and 11-5-2000, Inspector of Schools passed an order removing respondent from service on or about 27-5-2000 stating that he did not have requisite qualification as on 7-6-1994 — Respondent filing application under Contempt of Courts Act against Inspector of Schools as also Director, Secondary Education in their official capacity — Held, contempt petition was not maintainable — Cause of action for filing contempt petition for purported violation of High Court's order by Inspector of Schools arose owing to a subsequent cause of action viz. orders passed by State Govt. which Inspector of Schools was bound to comply with and unless those orders were set aside, Inspector of Schools cannot be said to have flouted the order of High Court, (2006) 6 SCC 759-A

Contempt of Court

Generally

— High Court's power to give directions — High Court in exercise of contempt jurisdiction may issue appropriate directions, although no penal action taken against contemner — But such direction can be issued only on arriving at a finding that contemner had flouted order of the Court, (2006) 6 SCC 759-B