Excelsior Correspondent
SRINAGAR, Jan 14: High Court dropped contempt proceedings against Managing Director SICOP and his personal appearance before the court by observing that the official is not a party in the main case and the direction to him is beyond the scope.
Allowing the appeal filed by the MD SICOP against the order of writ court in contempt proceedings for deposing the retiral benefits of an employee before the court or to appear in person, the division bench of Justice Sanjeev Kumar and Justice M A Chowdhary set aside these directions and said the writ court may proceed in the matter against the other officials for committing the contempt of court.
“For the foregoing reasons, this appeal is allowed and the impugned order dated 26.09.22 in so far as it directs the Managing Director SICOP to deposit an amount of Rs 11, 54, 154 in the Registry of this Court or else to appear in person on the next date of hearing, is set aside being a direction beyond the scope of the judgement passed by the writ court,” DB concluded adding with “Learned Single Judge, however, shall proceed in the matter against other respondents for committing contempt of the court, if the judgement passed by the writ court is not complied with”.
Court has left it open to other respondents to get back the amount deposited in the Account of Managing Director, SICOP, if the same is erroneously deposited and is required to be reimbursed to the department of Rural Development under law.
The DB said the direction issued to the MD SICOP to deposit the amount Rs. 11,54,154 in the Registry of this Court to be ultimately disbursed to retired employee-Abdul Razak Sofi, is a fresh direction having trapping of a final order and is not derivable from the judgment of the writ court as such the appeal of MD is maintainable.
Court while hearing the appeal recorded that the proceedings for contempt do not lie against the person who was neither a party in the writ petition nor there is any specific direction issued by the writ court in a basic judgment to such party. Court said indisputably, SICOP was not arrayed as one of the parties nor any relief was claimed against it.
The sum of Rs. 11,54,154 has been transferred by the Executive Engineer, Rural Engineering Wing Budgam, to the C.C. Account of SICOP court said, that does not render the appellant-SICOP liable to be proceeded for committing contempt of the Court in absence of the proof that the SICOP has either violated the judgment of the writ court or has acted in a manner to frustrate its compliance.
“The department of Rural Development may be well within its right to receive back the amount transferred to SICOP, if it is permissible in law, but this cannot render SICOP liable to be proceeded for contempt of the Court unless a wilful disobedience of the court is demonstrated”, reads the judgment.
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