Case Note & Summary
The case involves a contempt appeal filed under Section 19 of the Contempt of Courts Act, 1971, challenging an order dated 12.03.2018 passed by a learned Single Judge in Contempt Petition No. 239/2015. The impugned order admitted the contempt petition and framed a charge against the appellants. The background facts are that respondent no.1, an Assistant Teacher, was terminated from service by the Management (represented by the appellants). She filed an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 before the School Tribunal, which partly allowed the appeal and directed a fresh enquiry. Respondent no.1 then filed Writ Petition No.4257/2012, which was allowed on 27.10.2014, granting reinstatement and back wages. The judgment was modified on review on 09.03.2015, directing notional reinstatement and payment of back wages. The Management challenged these orders before the Supreme Court in Special Leave to Appeal (C) Diary No. 17299/2015, which was dismissed on 29.01.2016, making the directions final. Since the Management did not comply, respondent no.1 filed Contempt Petition No.239/2015. During hearing, the learned Single Judge passed the order dated 12.03.2018 admitting the contempt petition and framing charge against the appellants. The appellants challenged this order in the present contempt appeal. The Court considered the maintainability of the appeal under Section 19 of the Contempt of Courts Act, 1971. The Court held that an order admitting a contempt petition and framing a charge is not a 'final order' within the meaning of Section 19, as it does not finally determine the rights of the parties. Therefore, the appeal was not maintainable and was dismissed.
Headnote
A) Contempt of Court - Appealability - Section 19 of the Contempt of Courts Act, 1971 - Interlocutory Order - The appeal challenged an order admitting a contempt petition and framing charge against the appellants. The Court held that such an order is not a 'final order' under Section 19 of the Act of 1971 and hence not appealable. The appeal was dismissed as not maintainable. (Paras 1-3)
Issue of Consideration
Whether an order admitting a contempt petition and framing a charge against the alleged contemnor is appealable under Section 19 of the Contempt of Courts Act, 1971
Final Decision
The appeal is dismissed as not maintainable. The order dated 12.03.2018 admitting the contempt petition and framing charge is not a final order under Section 19 of the Contempt of Courts Act, 1971 and hence not appealable.
Law Points
- Appealability of interlocutory orders in contempt proceedings
- Section 19 of the Contempt of Courts Act
- 1971
- Finality of order
- Maintainability of appeal
Case Details
2021 LawText (BOM) (08) 67
Contempt Appeal No.3/2018 in Contempt Petition No. 239/2015(P) in Writ Petition No.4257/2012(D)
A.S. Chandurkar, G.A. Sanap
Shri R.L. Khapre, Senior Advocate with A.P. Tathod for appellants; Shri V.P. Marpakwar for respondent no.1; Mrs. Sangeeta Jachak, Assistant Government Pleader for respondent no.2
Ashok Sitaramji Thakare and Narendra Sudam Tiwari
Ku. Mangala Laxmanrao Bodhankar and Chintaman Wanjari
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Nature of Litigation
Contempt appeal against order admitting contempt petition and framing charge
Remedy Sought
Appellants sought to challenge the order dated 12.03.2018 admitting contempt petition and framing charge against them
Filing Reason
Appellants alleged that the order admitting contempt petition and framing charge was erroneous and appealable under Section 19 of the Contempt of Courts Act, 1971
Previous Decisions
Writ Petition No.4257/2012 was allowed on 27.10.2014 granting reinstatement and back wages; modified on review on 09.03.2015 directing notional reinstatement and payment of back wages; Special Leave to Appeal dismissed on 29.01.2016; Contempt Petition No.239/2015 filed for non-compliance; order dated 12.03.2018 admitting contempt petition and framing charge
Issues
Whether the order admitting a contempt petition and framing a charge is appealable under Section 19 of the Contempt of Courts Act, 1971
Submissions/Arguments
Appellants argued that the order admitting contempt petition and framing charge is appealable under Section 19 of the Contempt of Courts Act, 1971
Ratio Decidendi
An order admitting a contempt petition and framing a charge against the alleged contemnor is an interlocutory order and not a final order under Section 19 of the Contempt of Courts Act, 1971, and therefore not appealable.
Judgment Excerpts
This appeal under Section 19 of the Contempt of Courts Act, 1971 raises a challenge to the order dated 12.03.2018 passed by the learned Single Judge in Contempt Petition No. 239/2015 thereby admitting the contempt petition and framing charge against the appellants.
Procedural History
Respondent no.1 filed appeal under Section 9 of the MEPS Act before School Tribunal which partly allowed on 12.01.2012. She filed Writ Petition No.4257/2012 which was allowed on 27.10.2014. Review application partly allowed on 09.03.2015. Management filed SLP which was dismissed on 29.01.2016. Respondent no.1 filed Contempt Petition No.239/2015. On 12.03.2018, learned Single Judge admitted contempt petition and framed charge. Appellants filed Contempt Appeal No.3/2018.
Acts & Sections
- Contempt of Courts Act, 1971: Section 19
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 9
