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Kumar sanja (employee)     05 February 2013

Remedy against dismissal of contempt case

Dear All,

if the contempt case is dismissed based on the assumption that earlier proceeding judicial orders upto apex court are not shown /alleged supprression of said material facts by the judge  who did not dispose off the writ petition. can a person entitled to file revive petition. is fo what is the provision please let me know.


 5 Replies

Kumar sanja (employee)     05 February 2013

please note that judicial order made by HC is not implemented that too an iota of it?


Unable to undersand ur query. Pls. made it clear

Kumar sanja (employee)     12 February 2013

Dear Sir,


OA was filed that regular enquiry is necessary as the order speaks about substantial stigma. respondents played fraud on the tribunal that ccs rules are not applicable to adhoc employees. however, tribunal made an observation that applicant is guilty of all charges.  note :: i have denied all the charges in the chargesheet.

on finding the said findings of tribunal, writ petition was dismissed " we feel that it is not a fit case to interfere. petition is dismissed"

against which i preferred slp in apex court " apex court dismissed as there is no merit in this petition. slp is accordingly dismissed" then i preferred review petition in slp " there is no good ground to review our order review petition is dismissed"


fresh proceedings  :


i have renounced the earlier proceedings as per per law of maxim:quilibet protst renunciare juri pro se intrducto" and alleged fraud played by respodent"


respondent replied stating that " no comments at this stage as the matter under reference is sub judice"

i have filed writ petition which allowed by setting aside dismissal order and directed them to pass fresh order however it did not mention the earlier proceedings"


contempt was filed for implementation of said order, it came before another judge who did not decide my original case.  taking the chance they dismiss my contempt case on the ground of not shoing earlier proceedings"


then review peition filed by repsondent in writ petition came up for hearing " review was dismissed "


i filed another contempt which came before another judge who dismissed second contempt case on the ground of res judicata"


then i protested and filed a represenation with new contempt case pleading for earlier two contempt cases are void in view of section 144 of indian evidence act r/w rule 12 of contempt of court rules(which allows the original judge to hear the case of contempt)


fortunately , two contempts dismissals are drawn as objection by registry , objection were contested before original judge who overrule the objection and issued fresh notice


unfortunately original retired and matter came up before another judge who after fiding the fault is of the high court asking me how second contempt or revival of contempt can be possible when your first contempt case dismissed on merits




Kumar sanja (employee)     26 February 2013

Dear All,


my simple question to you :: revival of contempt case is it possible under the provisions of contempt of court act /Art 215 of the indian constitution.


Hint:: rule declared by HC is not implemented 

Sudhir Kumar, Advocate (Advocate)     02 March 2013

You case is apparently having 5 Kg documents.  It is not safe to advise on this forum

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