Full Judgment Text
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PETITIONER:
N.C. DAS
Vs.
RESPONDENT:
M.A. MOHSIN & ANR.
DATE OF JUDGMENT: 09/09/1997
BENCH:
S. P. BHARUCHA, M. JAGANNADHA RAO
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
This is a special Leave petition against an Order of
the High Court at Patna declining to take proceedings in
contempt against the respondents. This is what the High
Court said:
I Have heard Mr. P.K. Sinha
and Mr. Jai Narayan, Sr. Counsel
appearing on behalf of the parties,
and also perused the show cause
filed by the O.Ps. Although the
conduct of the O.Ps. does not
appear to be very fair but in the
facts and circumstances of the
case, I do not think if fit and
proper to pass any further orders.
Since the judgment and order has
been complied with by the O.Ps., no
further action in this regard is
needed. Mr. P.K. Sinha, learned
counsel, submitted that although
the petitioner has been given
promotion but all the consequential
benefits have not been paid to him.
It goes without saying that if the
petitioner submits all the to
necessary documents and papers
there should not be any reason for
the opposite parties not to pass
necessary orders for payment of all
consequential benefits. This
contempt application is disposed of
accordingly.
At the commencement of the hearing, we told learned
counsel that in contempt proceedings such as these, an
Appellate Court will not interfere unless the order is
totally perverse. The Special Leave Petition has,
nonetheless, been argued at length. We are in no doubt at
all that there is no perversity in the Order that is
challenged.
The contempt jurisdiction is not to be invoked or
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allowed to be invoked to enable the appellant to wreck
personal vengeance against the alleged contemners.
The Special Leave Petition is dismissed.