Is this contempt of court
Prakash
(Querist) 29 January 2014
This query is : Resolved
Ld Counsels,
A man was subjected to disciplianry action by the state government and imposed with punishment. Tribunal quashed the punishment, however state government did not confer him promotions for which he moved the high court for direction to grant promotions. In the mean time he mis-represented about his designatin and printed the promoted grade in his marriage invitation while in reality the case before high court was still pending.
Will this act of publishing the promoted grade in marriage invitation while the case is pending before the high court amount to contempt of court, as it is about expressing opinion on the outcome of the case.
Please clarify.
Isaac Gabriel
(Expert) 29 January 2014
No.He has neither obtainned any pecuniar gain nor used it for exerting influence of any sort
Dr J C Vashista
(Expert) 29 January 2014
It is not contempt of court, I agree with experts
Sudhir Kumar, Advocate
(Expert) 29 January 2014
It is not contempt of court.
On the contrary a Govt servant is expected to maintain absolute integrity even in private life.
In Private life he has impersonated with a Govt designation which he did not hold on that day.
He has violated conduct rules and another disciplinary action can be there.
malipeddi jaggarao
(Expert) 29 January 2014
Agreed with Mr.Sudhir.
As "Padma" awards should not be shown in the titles or prefix with the name for artists, the Government servant should not use his designation for personal identification. If the Government reacts, it will entail disciplinary action.
As regards the issue of contempt of court, in this case, it is not contempt.
ajay sethi
(Expert) 29 January 2014
agree that it is not contempt of court
Rajendra K Goyal
(Expert) 29 January 2014
It does not amount to contempt of court.
Guest
(Expert) 29 January 2014
Mr. Prakash,
The basic question arises, how you are concerned with the Government employee, the departmental disciplinary case against him, the court case, his promotion, his marriage invitation, etc., and how you are aware of the fact that he has not yet been promoted even after the HC Order in his favour?
Do you want to take some revenge from him?
Guest
(Expert) 29 January 2014
Mr. Sudhir,
Para 2 to 4 of your reply seems to be unethical. Your reply seems as if you are suggesting some course of action against the employee to his disciplinary authority on his asking.
The question arises, do you know the querist whether he is the employee himself, or his disiplinary authority or an enemy of the employee, who would have decided to take some revenge from him on the basis of information printed on his marriage invitation card?
I simply wish your knowledge should not prove to be harmful to anyone unawares.
Biswanath Roy
(Expert) 29 January 2014
Describing a wrong designation in the invitation is merely a commission of mistake due to inadvertence such act cannot come under the purview and scope of Contempt of Court Act, 1971.
Rajeev Kumar
(Expert) 29 January 2014
From any angle it is not a contempt of court.
J K Agrawal
(Expert) 29 January 2014
No contempt made out nor any offense made out.
R.V.RAO
(Expert) 31 January 2014
which order or direction of the court he has ignored or violated?
none as per above facts.
so none can invoke provisions under contempt of court act 1971.
T. Kalaiselvan, Advocate
(Expert) 01 February 2014
I agree with the experts opinion that it is not an act of provisions attracting contempt of court act.
