1 IN THE HIGH COURT OF JUDICATURE AT MADRAS (CONTEMPT JURISDICTION) THURSDAY, THE 28TH DAY OF APRIL, 2011 THE HON'BLE MR.JUSTICE K.CHANDRU CONTEMPT PETITION No.687 of 2011 ************ S.Kalaiarasi, D/o.Late N.Sakthivelan, 321A, Annamalaiar Illam, Palaniandavar Nagar, Palani – 624 601. ... Petitioner Vs 1.G.S.Mangaiyarkarasi Correspondent Management of PA Polytechnic for Women Palani 2.Er KNC Dinakaran Principal, PA Polytechnic for Women, Palani 3.PR Shampath Chairman, Managing Committee of the PA Polytechnic for Women Palani ... Respondents Contempt Petition praying that this Court be pleased to punish the respondents herein for having wilfully and deliberately committed Contempt of the order of this Hon'ble Court dated 30/03/2001 and made in W.P.No.20237 of 1993. The above Contempt Petition coming on this day before this Court for hearing in the presence of Mr.M.Deivanandam, Advocate for the petitioner herein; and upon reading the petition and affidavit of S.Kalaiarasi, filed herein; the Court made the following order:- The Contempt is filed for the alleged disobedience of the order passed by this Court in W.P.No.20237 of 1993 dated 30.3.2001. By the aforesaid order this Court held that the https://hcservices.ecourts.gov.in/hcservices/ 2 order of punishment imposed on the petitioner was liable to be set aside and the petitioner was directed to be reinstated in the post of Lecturer within a period of three months. In the very same order, it was also stated that she was not entitled to the monetary benefits during the period of absence from duty, however her services shall be counted for the purpose of calculating her retirement benefits. 2.Aggrieved by the order dated 30.3.2001, the respondents filed a Writ Appeal being Writ Appeal No.1387 of 2001. During the pendency of the Writ Appeal, the petitioner was reinstated in service. The learned counsel for the petitioner also fairly states that she is still in service. The Writ Appeal came to be disposed of by a final order dated 19.8.2008. In that order, the Division Bench in paragraph 10 noted about the reinstatement of the petitioner and her continued working in the Institute. The Division Bench confirmed the order passed by the learned Single Judge. It was thereafter the petitioner sent a legal notice dated 1.2.2011 claiming the benefit of reinstatement and also several other benefits, including seniority, promotion, monetary benefits etc. The said legal notice was answered by the respondent by reply dated 19.2.2011. In the reply, the stand taken was that since the learned Single Judge's order was confirmed by the Division Bench only for retirement benefits, she is not entitled to any monetary benefits. 3.The short question that arises for consideration is whether there was any willful disobedience of the order passed https://hcservices.ecourts.gov.in/hcservices/ 3 by this Court dated 30.3.2001. But the Division Bench has passed the order only in the year 2008. But, nevertheless, there is no explanation from 19.8.2008 as to why no steps were taken by the petitioner. In any event, in the contempt, this Court cannot re interpret the orders passed by this Court. The Division Bench broadly noted the petitioner's reinstatement and his continued work in the College. If according to the petitioner, there are any implied terms set out by the learned Judge, that cannot be a ground for punishing the respondents in the contempt. In the case of contempt, there must be willful disobedience of the order passed by this court. 4.The learned counsel for the petitioner placed reliance upon the judgment of the Supreme Court in H.M.RAMAUL VS. STATE OF HIMACHAL PRADESH AND OTHERS reported in 1991 SUPP (1) SCC 198. In that judgment, the Court held that in the absence of any direction of the court to consider the case of the petitioner therein for promotion, there cannot be any presumption of willful disobedience. Nevertheless, in the exercise of power under Article 142 of the Constitution, the Supreme Court gave a direction to consider the case of the person for promotion. Such powers are not available under the Contempt of Courts Act. 5.In this context, it is necessary to refer to a recent judgment of the Supreme Court in Dinesh Kumar Gupta v. United India Insurance Co. Ltd., reported in (2010) 12 SCC 770, wherein it has been held in paragraphs 17, 23 and 24 as follows: https://hcservices.ecourts.gov.in/hcservices/ 4 "17.This now leads us to the next question and a more relevant one, as to whether a proceeding for contempt initiated against the appellant can be held to be sustainable merely on speculation, assumption and inference drawn from facts and circumstances of the instant case. In our considered opinion, the answer clearly has to be in the negative in view of the well-settled legal position reflected in a catena of decisions of this Court that contempt of a civil nature can be held to have been made out only if there has been a wilful disobedience of the order and even though there may be disobedience, yet if the same does not reflect that it has been a conscious and willful disobedience, a case for contempt cannot be held to have been made out. In fact, if an order is capable of more than one interpretation giving rise to variety of consequences, non-compliance with the same cannot be held to be willful disobedience of the order so as to make out a case of contempt entailing the serious consequence including imposition of punishment. However, when the courts are confronted with a question as to whether a given situation could be treated to be a case of wilful disobedience, or a case of a lame excuse, in order to subvert its compliance, howsoever articulate it may be, will obviously depend on the facts and circumstances of a particular case; but while deciding so, it would not be legally correct to be too speculative based on assumption as the Contempt of Courts Act, 1971 clearly postulates and emphasises that the ingredient of willful disobedience must be there before anyone can be hauled up for the charge of contempt of a civil nature. 23.Besides this, it would also not be correct to overlook or ignore an important statutory ingredient of contempt of a civil nature given out under Section 2(b) of the Contempt of Courts Act, 1971 that the disobedience to the order alleging contempt has to satisfy the test that it is a willful disobedience to the order. Bearing this important factor in mind, it is relevant to note that a proceeding for civil contempt would not lie if the order alleged to have been disobeyed itself provides scope for reasonable or rational interpretation of an order or circumstance which is the factual position in the instant matter. It would equally https://hcservices.ecourts.gov.in/hcservices/ 5 not be correct to infer that a party although acting due to misapprehension of the correct legal position and in good faith without any motive to defeat or defy the order of the Court, should be viewed as a serious ground so as to give rise to a contempt proceeding. 24*.To reinforce the aforesaid legal position further, it would be relevant and appropriate to take into consideration the settled legal position as reflected in the judgment and order delivered in Ahmed Ali v. Supdt., District Jail as also in B.K. Kar v. High Court of Orissa that mere unintentional disobedience is not enough to hold anyone guilty of contempt and although disobedience might have been established, absence of wilful disobedience on the part of the contemnor, will not hold him guilty unless the contempt involves a degree of fault or misconduct. Thus, accidental or unintentional disobedience is not sufficient to justify for holding one guilty of contempt. It is further relevant to bear in mind the settled law on the law of contempt that casual or accidental or unintentional acts of disobedience under the circumstances which negate any suggestion of contumacy, would amount to a contempt in theory only and does not render the contemnor liable to punishment and this was the view expressed also in State of Bihar v. Rani Sonabati Kumari and N. Baksi v. O.K. Ghosh." 6.Therefore, there is no contempt made out. Hence, the Contempt Petition stands dismissed. However, this will not prevent the petitioner from instituting a fresh action, if she so desires. Witness the Hon'ble Thiru M.YUSUF EQBAL, the Chief Justice of High Court at Madras, as aforesaid, this the 28th day of April, 2011. SD/- DEPUTY REGISTRAR (OS) //Certified to be true copy// Dated at Madras this the day of 2011. COURT OFFICER (O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the orders/judgments/Decrees in this format. https://hcservices.ecourts.gov.in/hcservices/ 6 Cns. CONTEMPT PETITION No.687/2011 THE HON'BLE MR.JUSTICE K.CHANDRU ORDER DATED : 28/04/2011 FOR APPROVAL :06/06/2011 APPROVED ON :07/06/2011 Copy to: 1.G.S.Mangaiyarkarasi Correspondent Management of PA Polytechnic for Women Palani 2.Er KNC Dinakaran Principal PA Polytechnic for Women, Palani 3.PR Shampath Chairman Managing Committee of the PA Polytechnic for Women Palani https://hcservices.ecourts.gov.in/hcservices/