Case Note & Summary
The case arises from a contempt appeal filed by the appellants, who were the Secretary and Head Master of an educational institution, against an order of the learned Single Judge dated 11.01.2016 in Contempt Petition No.79/2015. The Single Judge had recorded a prima facie finding that the appellants were liable for contempt under Section 10 read with Section 12 of the Contempt of Courts Act, 1971 and Article 215 of the Constitution of India, and had framed charges against them. The background facts are that the respondent no.1, a Junior College Teacher, was terminated from service on 27.11.1998. He challenged the termination before the School Tribunal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The Tribunal allowed his appeal on 07.02.2007, setting aside the termination and directing reinstatement with back wages from 27.11.1998 within 60 days. The Management and College challenged this order in Writ Petition No.974/2007, which was summarily dismissed on 15.01.2008. The respondent no.1 then filed a contempt petition alleging willful disobedience of the Tribunal's order. The Single Judge, after hearing the parties, passed the impugned order. The Division Bench, in the present appeal, examined the legality of the order framing charges. The Court noted that before framing charges, the alleged contemnor must be given an opportunity to show cause, and that the order was passed without such opportunity. The Court held that mere non-compliance does not automatically constitute contempt; there must be willful and deliberate disobedience. The Court also observed that the Single Judge's order was premature and that the appellants should have been heard on the question of whether a prima facie case existed. Consequently, the appeal was allowed, the impugned order was set aside, and the contempt petition was remanded back to the Single Judge for fresh consideration after giving an opportunity of hearing to the appellants. The Court directed that the contempt petition be decided afresh in accordance with law.
Headnote
A) Contempt of Court - Willful Disobedience - Prima Facie Case - Section 10, Section 12, Contempt of Courts Act, 1971 - Article 215, Constitution of India - The Single Judge recorded a prima facie finding that the appellants were liable for contempt for non-compliance of the School Tribunal's reinstatement order. The Division Bench held that before framing charges, the court must give an opportunity to the alleged contemnor to show cause and that mere non-compliance does not automatically constitute contempt unless it is willful and deliberate. The order framing charges was set aside as premature. (Paras 1-10) B) Contempt of Court - Appeal - Maintainability - Section 19, Contempt of Courts Act, 1971 - The appeal under Section 19 was held maintainable against the order framing charges, as it is a decision under the Act. (Para 1) C) Service Law - Reinstatement - Back Wages - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 9 - The School Tribunal's order of reinstatement with back wages was upheld by the High Court in writ petition. The contempt proceedings arose from alleged non-compliance of that order. (Paras 2-3)
Issue of Consideration
Whether the order of the learned Single Judge recording a prima facie finding of contempt and framing charges against the appellants under Section 10 read with Section 12 of the Contempt of Courts Act, 1971 and Article 215 of the Constitution of India was sustainable in law.
Final Decision
The appeal is allowed. The impugned order dated 11.01.2016 passed by the learned Single Judge in Contempt Petition No.79/2015 is set aside. The Contempt Petition is remanded back to the learned Single Judge for fresh consideration after giving an opportunity of hearing to the appellants. The contempt petition shall be decided afresh in accordance with law.
Law Points
- Contempt of Courts Act
- 1971
- Section 10
- Section 12
- Section 19
- Article 215 of Constitution of India
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Section 9
- willful disobedience
- prima facie case
- framing of charges
- opportunity of hearing
