Case Note & Summary
The complainant, Shashidhara T.D., a Grama Sahayaka who was removed from service by an order dated 17th September 2019, filed a writ petition (W.P.No.51595/2019) challenging his removal. On 4th December 2019, the learned Single Judge issued notice and granted an ex parte interim stay of the removal order until the next date. The complainant alleged that the accused, Dr. G. Vishwanatha, the Tahasildar of Madhugiri Taluk, breached this stay order and filed a contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971. During the hearing, the Court expressed its opinion in the morning session that it was not inclined to entertain the contempt petition. However, when the matter was called at 2.30 p.m., another counsel for the complainant, Shri Umesh H.M., attempted to re-argue the merits, which the Court objected to. The Court noted that the ex parte interim order was not served on the accused and there was no evidence of willful disobedience. Consequently, the Court dismissed the contempt petition and warned the counsel against re-arguing after the Court had expressed its view.
Headnote
A) Contempt of Court - Willful Disobedience - Ex Parte Interim Order - Sections 11 and 12 of the Contempt of Courts Act, 1971 - The complainant alleged breach of an ex parte interim stay order dated 04.12.2019 passed by the learned Single Judge in W.P.No.51595/2019, which stayed the order of removal of the complainant from the post of Grama Sahayaka. The Court held that the contempt petition was not maintainable as the order was not served on the accused Tahasildar and there was no willful disobedience. The Court dismissed the petition with a warning to the complainant's counsel against re-arguing the matter after the Court had expressed its opinion. (Paras 1-4)
Issue of Consideration
Whether the accused Tahasildar committed willful disobedience of an ex parte interim stay order passed by the learned Single Judge in W.P.No.51595/2019 dated 04.12.2019, warranting initiation of contempt proceedings under Sections 11 and 12 of the Contempt of Courts Act, 1971.
Final Decision
The contempt petition is dismissed. The Court warned the counsel for the complainant not to re-argue the matter after the Court had expressed its opinion.
Law Points
- Contempt of Courts Act
- 1971
- Sections 11 and 12
- Willful Disobedience
- Ex Parte Interim Order
- Service of Order
- Breach of Injunction
