Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8176 OF 2016
(Arising out of SLP ( C) No. 8751 of 2012)
O.P.VERMA APPELLANT
VERSUS
SHAHMAL & ORS. RESPONDENTS
J U D G M E N T
KURIAN,J.
Leave granted.
2. The appellant is before this Court aggrieved by the
impugned judgment of the High Court whereby the High
Court declined to interfere with the order passed by the
Trial Court on a petition under Order 39 Rule 2A CPC
filed by the respondents-plaintiffs, imposing a penalty
of imprisonment for a period of one month.
3. The issue pertains to the demolition of a building.
JUDGMENT
According to the appellant, who was at the relevant time
working as a Junior Engineer, he had only implemented the
order passed by the Commissioner and Joint Commissioner,
Municipal Corporation, Faridabad, and that too under the
direct supervision of superior officers.
4. It is seen that the Commissioner and Joint
Commissioner, Municipal Corporation, Faridabad were
discharged in the proceedings and only the appellant was
visited with the punishment.
5. Despite, service of notice, there is no appearance
for the contesting respondents who were plaintiffs before
the Trial Court.
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6. The learned counsel appearing for the State submits
that the appellant had only discharged the directions
under the supervision of the superior officers, who have
been let off in the proceeding, the appellant may also be
given the same treatment.
7. Having regard to the factual background as above,
we are of the view that the appellant should succeed,
since his superior officers, under whose supervision the
contumacious action alleged against the appellant was
committed have been let off. Therefore, the appeal is
allowed. The impugned judgment is set aside. The
appellant is discharged from all the charges, accepting
the apology tendered by him in court.
.................J.
[KURIAN JOSEPH]
....................J.
[SHIVA KIRTI SINGH]
NEW DELHI;
AUGUST 17, 2016
JUDGMENT
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