MOHINDRA LAL Vs. HARI DEV

JUDGEMENT

(1.) This appeal is directed against an order dated November 6, 1981 of Chief Justice Shri V, D. Misra in Contempt Petition (Civil) No 5 of 1981. The learned Chief Justice, after noticing the circumstances brought before him on the record said in his order of November 6, 1981, that : "I must hold that respondent No. 1 is guilty of having committed civil contempt of the court. However, in view of the unconditional apology tendered by him he is discharged. He is, however, directed to pay costs of this petition. Counsels fee Rs.

(2.) The present appellant, Shri Mohindra Lal, was the first respondent in Contempt Petition (Civil) No. 5 of 1981.

(3.) One of the questions agitated before us, when the appeal was taken up for hearing, was about the maintainability of appeal. It was said that, inasmuch as, the appellant had been discharged by the learned Chief Justice, the present appeal was not maintainable. The submission in this regard was founded upon some observations of the Supreme Court in D. N. Taneja v. Bhajan Lal, (l988) 3 SCC :6. The decision of the Supreme Court was in regard to an appeal filed under section 19 (1) of the Contempt of Courts Act, 1971 (hereafter, "the Act") by Teneja whose application for contempt filed against respondent Bhajan Lal, then the Chief Minister of the State, had been dismissed by the Punjab and Haryana High Court. Taneja then filed an appeal before the Supreme Court.