Case Note & Summary
The dispute arose from an application for correction of date of birth filed by the respondent before the Madhya Pradesh Administrative Tribunal at Indore. The respondent, appointed as a Sub-Inspector in the Police Department on January 1, 1960, had a recorded date of birth of August 5, 1934 in his High School Certificate. In 1992, he sought correction of his date of birth to July 16, 1938. The Tribunal, by order dated February 25, 1994, directed the authorities to consider his representation. The representation was considered and rejected by proceeding dated May 23, 1994. The respondent then filed a contempt application under Section 12 of the Contempt of Courts Act, 1971, alleging wilful and deliberate disobedience of the Tribunal's order. The Tribunal, in its order dated August 1, 1995, held that there was no deliberate disobedience, but nevertheless issued further directions, observing that the Director General of Police had not applied his mind to the issue. The appellants challenged this order by special leave before the Supreme Court. The Supreme Court examined whether the Tribunal had the power to issue further directions after finding no wilful disobedience. It noted that the Assistant Inspector General of Police, as Administrative Officer, had put up a note, and the Director General of Police, after consideration, recorded 'inform the respondent'. The Court held that this demonstrated due consideration of the representation as per the Tribunal's earlier direction. Consequently, once the Tribunal held that there was no deliberate disobedience, it had no jurisdiction to issue further directions. The Supreme Court allowed the appeal, set aside the directions issued by the Tribunal, and ordered no costs.
Headnote
A) Contempt of Courts - Administrative Tribunals - Scope of Directions - Contempt of Courts Act, 1971, Section 12 - In contempt proceedings arising from a direction to consider representation for correction of date of birth, the Tribunal held no deliberate disobedience but issued further directions. The Supreme Court held that once the Tribunal found no wilful disobedience, it had no power to issue further directions. The Director General of Police had duly considered the representation as he accepted the note of the Assistant Inspector General and recorded 'inform the respondent'. Held, appeal allowed and directions set aside. (Paras 1-3).
Issue of Consideration
Whether the Madhya Pradesh Administrative Tribunal had jurisdiction to issue further directions after holding that there was no deliberate disobedience of its earlier order; whether the Director General of Police duly considered the respondent's representation as directed by the Tribunal.
Final Decision
Appeal allowed; directions issued by Tribunal set aside; no costs.
Law Points
- Contempt jurisdiction does not permit further directions after finding no wilful disobedience
- Due consideration of representation is established when the competent authority applies mind to subordinate's note and records a decision
Case Details
1996 LawText (SC) (11) 15
K. Ramaswamy, G.B. Pattanaik
Prashant Kumar, S.K. Agnihotri, Dr. I.B. Gaur
Sh. Vijay Singh, Secretary Home & Anr.
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Nature of Litigation
Appeal by special leave against an order of the Madhya Pradesh Administrative Tribunal in contempt proceedings arising from an application for correction of date of birth.
Remedy Sought
Appellants sought setting aside of the Tribunal's directions issued in the contempt order dated August 1, 1995.
Filing Reason
The Tribunal, after holding that there was no deliberate disobedience, issued further directions, which appellants contended were beyond its power.
Previous Decisions
Tribunal by order dated February 25, 1994 directed consideration of respondent's representation; representation rejected on May 23, 1994; contempt application filed; Tribunal order dated August 1, 1995 held no deliberate disobedience but issued further directions.
Issues
Whether the Madhya Pradesh Administrative Tribunal had jurisdiction to issue further directions after holding that there was no deliberate disobedience of its earlier order.
Whether the Director General of Police duly considered the respondent's representation as directed by the Tribunal.
Submissions/Arguments
Appellants contended that the Director General of Police had applied his mind and considered the representation, and therefore there was no wilful disobedience; they argued that once the Tribunal held no deliberate disobedience, it could not issue further directions.
Respondent claimed that the appellants had wilfully and deliberately disobeyed the Tribunal's order and sought initiation of contempt proceedings under Section 12 of the Contempt of Courts Act, 1971.
Ratio Decidendi
Once a Tribunal holds that there is no deliberate disobedience of its order, it has no power to issue further directions in contempt proceedings. Due consideration of a representation is established when the competent authority considers the note submitted by subordinate and records a decision, even if brief.
Judgment Excerpts
The Tribunal having held that the respondent has not deliberately disobeyed the order, there is no power to issue further directions.
Thus, it would be a case where due consideration was given to the respondent’s representation as per the directions given by the Tribunal.
Procedural History
Respondent appointed as Sub-Inspector on January 1, 1960; date of birth in certificate August 5, 1934. In 1992, respondent filed application before Madhya Pradesh Administrative Tribunal for correction of date of birth to July 16, 1938. Tribunal by order dated February 25, 1994 directed consideration of representation. Representation considered and rejected by proceeding dated May 23, 1994. Respondent filed contempt application under Section 12 of Contempt of Courts Act, 1971. Tribunal order dated August 1, 1995 held no deliberate disobedience but issued further directions. Supreme Court granted special leave and allowed appeal on November 1, 1996.
Acts & Sections
- Contempt of Courts Act, 1971: Section 12
