- (1.) HEARD Shri Ajit Kumar, learned Counsel for the appellant and Shri U. K. Saxena appearing for the respondent and learned standing Counsel.
(2.) THIS is an special appeal under Chapter VIII Rule 5 of the Rules of the Court filed against judgment and order dated 10-8- 2006 of Hon'ble Justice A. P. Sahi discharging the contempt notice issued in Contempt Petition No. 1145 of 1997. Shri U. K. Saxena, learned Counsel appearing for the respondent has raised a preliminary objection regarding maintainability of this special appeal. Shri Saxena relying on a Division Bench judgment of this Court reported in 2006 (3) AWC 2904; Chandra Shekhar v. J. P. Rajpoot & Ors. , contended that against an order of discharging contempt notices neither an appeal under Section 19 of Contempt of Courts Act, 1971 nor special appeal under Chapter VIII, Rule 5 of the Rules of the Court is maintainable. Shri Ajit Kumar replying the preliminary objection of the respondent contended that special appeal is maintainable against the impugned judgment. He although submitted that appeal under Section 19 is not maintainable since the order passed by Contempt Judge is not in exercise of jurisdiction to punish for contempt. Reliance has been placed on the judgment of the Apex Court reported in (2006) 5 Supreme Court Cases 399; Modnapore Peoples' Coop. Bank Ltd. & Ors. v. Chunilal Nanda & Ors. He has also placed reliance on the another judgment of the Apex Court (2004) 13 Supreme Court Cases 610, V. M. Manohar Prasad v. N. Ratnam Raju & Anr. .
(3.) BEFORE we proceed further to consider the submissions of Shri Ajit Kumar, it is necessary to consider the preliminary objection raised by Counsel for the respondent. Under Contempt of Courts Act, 1971, the right of appeal has been given by Section 19, which is as follows: "19. Appeals.- (1) An appeal shall lie as of right from any order or decision of High Court in the exercise of its jurisdiction to punish for contempt. (a) where the order or decision is that of a single Judge, to a Bench of not less than two judges of the Court; (b) where the order or decision is that of a Bench, to the Supreme Court: Provided that where the order or decision is that of the Court of the judicial Commissioner in any Union territory, such appeal shall lie to the Supreme Court. (2) Pending any appeal, the appellate Court may order that- (a) the execution of the punishment or order appealed against be suspended; (b) if the appellant is in confinement, he be released on ball; (c) the appeal be heard notwithstanding that the appellant has not purged his contempt. (3) where any person aggrieved by any order against which an appeal may be filed satisfies the High Court that he intends to prefer an appeal, the High Court may also exercise all or any of the powers conferred by sub-section (2 ). (4) An appeal under sub-section (1) shall be filed- (a) in the case of an appeal to a Bench of the High Court within thirty days; (b) in the case of an appeal to the Supreme Court, within sixty days, From the date of the order appealed against. ";