Contempt of court
Tage Talin
(Querist) 06 December 2011
This query is : Resolved
Following a writ petition filed by a person in the High Court, the Court ordered the respondents to hold an inquiry pertaining to the case and to submit the status report to the Court within six weeks. The respondents have been named as Mr. A, B, and C serially in the Govt. authority in hierarchy. However, the inquiry was not conducted, and hence submission of status report was delayed. For the act of this omission, Mr. D who is not named as respondent has been implicated by the Court for the lapses and initiated a contempt proceedings. Though the cause of action arose within the jurisdiction of Mr. D's office (Head of office), neither has he been named as a respondent nor any directions received from his higher authority i.e. respondent Mr. A, B or C for holding an inquiry and to submit the status report to the Court on their behalf. As such, it is beyond my comprehension as to how come the Court has initiated a contempt proceeding against Mr. D. I request the Learned experts to kindly offer their comment on this.
Devajyoti Barman
(Expert) 06 December 2011
If it is fonund that D had authority over A, B and C and hence he was instrumental causing the delay he may be implicayted.
So best part of D would be to appear befopre the court and submit his defence.
Raj Kumar Makkad
(Expert) 08 December 2011
Nothing to add in the opinion of Barman.
