Learn Trademark Filing Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raj D   15 January 2025

Regarding party in a contempt case

Dear members.

We have filed a contempt case regarding a service matter in Hon'ble High Court against two government officers. 

Recently, one of the officer got retired and a new person joined.

Should I replace the name of earlier officer with the new officer as respondent?

Can I request for action for contempt against first respondent?

Appreciate your reply. Thanks.

Regards

Rajesh

 



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     15 January 2025

If the official has been impleaded as an official to the contempt petition then the retired person may be replaced by the new incumbent of the department concerned, this is the duty of the department concerned.

1 Like

Raj D   15 January 2025

Thnakyou for your reply and guidance. 

Dr. J C Vashista (Advocate )     16 January 2025

Contempt of Court has to be against a specific person / individual (not by designation or substituted person) whosoever has willfully disobeyed orders passed by the Court, whether still serving or retired. 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     16 January 2025

When dealing with a contempt case, especially one involving government officers, it's crucial to follow the proper procedures.

In your situation, since one of the officers has retired and a new person has taken over, you'll need to consider how to proceed.

 Replacing the Name of the Earlier Officer You should replace the name of the earlier officer with the new officer as respondent, but only if the new officer has taken over the same role and responsibilities.

This ensures that the contempt case is directed at the correct individual who is currently responsible for the actions or inactions that led to the contempt case.

Requesting Action for Contempt Against the First Respondent As for requesting action for contempt against the first respondent (the retired officer), it's still possible to pursue this course of action.

However, you'll need to consider a few factors: -

 *Jurisdiction*: Ensure that the court still has jurisdiction over the retired officer.

- *Limitation Period*: Verify that the limitation period for filing the contempt case has not expired. -

*Merits of the Case*: Assess whether pursuing contempt action against the retired officer is still worthwhile, given the changed circumstances. 

 you may want to refer to the Supreme Court of India's guidelines on contempt cases¹ or the High Court's rules and procedures for more information.

P. Venu (Advocate)     16 January 2025

Have you filed the Contempt Application or yet to be filed. The general practice is to proceed by name against the person who is currently in charge  or his successor in his office ( for instance Shri AB, Secrtetary, Ministry/Department of  -------- or his successor in Office).


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register