Supreme Court Dismisses Appeals in Contempt Jurisdiction Case Involving Seniority List of Rajasthan Civil Engineering Services. No Appeal Under Section 19 Contempt of Courts Act, 1971 When Single Judge Does Not Punish Contemnor; Fresh Directions to Redraw Seniority List Held Beyond Contempt Jurisdiction.

Contempt proceedings arising from non-compliance with High Court directions to prepare seniority list of engineers in Rajasthan Civil Engineering Services (Public Health Branch) and subsequent appeal against directions issued in contempt jurisdiction.

Appellant sought to challenge Division Bench order setting aside directions of Single Judge to redraw seniority list; respondent State sought to uphold setting aside. In contempt proceedings, appellant originally sought compliance with earlier High Court orders on seniority and promotions.

State filed appeal against Single Judge's directions, and appellant filed special leave petition before Supreme Court after Division Bench allowed the appeal and set aside directions.

High Court Single Judge in contempt proceedings found no willful disobedience and directed compliance with earlier order dated 22.3.1990; Division Bench held appeal maintainable as Letters Patent Appeal and set aside directions; earlier High Court orders dated 6.10.1988, 9.9.1989, 22.3.1990 directed preparation of seniority list afresh and promotions accordingly.

Whether an appeal against the directions issued by a Single Judge in contempt proceedings is maintainable under Section 19 of the Contempt of Courts Act, 1971 when no punishment has been imposed. Whether the Division Bench was right in setting aside the Single Judge's direction to redraw the seniority list and whether contempt jurisdiction permits review of merits of seniority list.

Appellant's counsel argued that Single Judge had to examine correctness of seniority list to determine willful disobedience under Section 2(b) of the Act, and therefore the direction to redraw was permissible. State raised preliminary objection on maintainability of appeal under Section 19 and contended that no order punishing contemner was passed, so appeal was not maintainable; alternatively it was maintainable as Letters Patent Appeal.

An appeal under Section 19 of the Contempt of Courts Act, 1971 lies only against an order punishing for contempt; where a Single Judge finds no willful disobedience and does not punish, no appeal under Section 19 is maintainable. Contempt proceedings cannot be used to review the merits of an administrative action like a seniority list; if a fresh order is passed pursuant to court directions, any grievance against it gives rise to a fresh cause of action for judicial review, not willful contempt. The Division Bench can exercise Letters Patent jurisdiction under Section 18 of the Rajasthan High Court Ordinance to correct a Single Judge's jurisdictional error.

An appeal would lie under Section 19 when an order in exercise of the jurisdiction of the High Court punishing the contemner has been passed. In this case, the finding was that the respondents had not willfully disobeyed the order. So, there is no order punishing the respondent for violation of the orders of the High Court. Accordingly, an appeal under Section 19 would not lie. The preparation of the seniority list may be wrong or may be right or may or may not be in conformity with the directions. But that would be a fresh cause of action for the aggrieved party to avail of the opportunity of judicial review. But that cannot be considered to be the willful violation of the order. In other words, the learned Judge was exercising the jurisdiction to consider the matter on merits in the contempt proceedings. It would not be permissible under Section 12 of the Act.

High Court Division Bench by order dated 6.10.1988 in W.P. No. 560/79 declared retrospective seniority list unconstitutional and directed fresh preparation; reiterated in W.P. No. 1074/80 by order dated 9.9.1989 and further on 22.3.1990; contempt proceedings initiated under Section 12 when fresh list prepared; Single Judge found no willful disobedience but directed compliance and redraw; State filed appeal; Division Bench held appeal not maintainable under Section 19 but maintainable as Letters Patent Appeal under Section 18 Rajasthan High Court Ordinance and set aside directions; Supreme Court granted special leave and dismissed appeals.

• Contempt of Courts Act, 1971: Section 2(b), Section 12, Section 19
• Rajasthan High Court Ordinance: Section 18, Clause 18