Supreme Court - Daily Orders
Asit Kumar Das vs J. Panda, The Chief Post Master General on 22 January, 2015
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No. 1227 OF 2015
[Arising out of SLP) No.422 of 2015]
ASIT KUMAR DAS ...... APPELLANT
VERSUS
J.PANDA, THE CHIEF POST MASTER
GENERAL & ORS. ..... RESPONDENTS
ORDER
1 Leave granted.
2 We have heard learned counsel for the parties. We find no
justifiable reason for the High Court to direct the Contempt Petition filed by the Petitioner "to go out of list for the present,"
merely on the statement made on behalf of the alleged contemnor that a Special Leave Petition had been filed in this Court. Contempt proceedings shall always be maintainable unless the Appellate Court finds it fit to stay the operation of the Order/Judgment of which contempt is alleged. In the case in hand, the Order on which the Petitioner has placed reliance was Signature Not Verified Digitally signed by Usha Rani Bhardwaj Date: 2015.01.30 pronounced on 9.12.2013 and till date the Special Leave Petition 16:51:58 IST Reason:
has not even been listed for hearing before this Court. It is trite 2 that the filing of an Appeal does not result in the assailed Order becoming inoperative and unworthy of being complied with. There was, therefore, no justification for taking the Contempt Petition off the list of the High Court, albeit with permission granted for its relisting. This Order would have been appropriate in the event that this Court had stayed the operation of the Judgment in favour of the Petitioner before us, which we emphasise had been pronounced as far back as on 9.12.2013.
3 It is in these circumstances that we set aside the impugned Order dated 7.5.2014. The Contempt Petition, CPAN 413 of 2014, is directed to be listed before the Division Bench of the High Court forthwith. We expect the said petition to be heard and disposed of within four months of the service of these Orders on the High Court.
4 The Appeal stands allowed in the above terms.
.......................J. [VIKRAMAJIT SEN] ...............................J. [C. NAGAPPAN] New Delhi;
January 22, 2015.
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ITEM NO.45 COURT NO.13 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 422/2015
(Arising out of impugned final judgment and order dated 07/05/2014 in CPAN No. 413/2014 in WPCT No. 430/2013 passed by the High Court Of Calcutta) ASIT KUMAR DAS Petitioner(s) VERSUS J. PANDA, THE CHIEF POST MASTER GENERAL AND ORS. Respondent(s) (with office report) Date : 22/01/2015 This petition was called on for hearing today. CORAM :
HON’BLE MR. JUSTICE VIKRAMAJIT SEN HON’BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Mr. Sarthak Choudhary, Adv. Mr. A. Majumdar, Adv.
Mr. Vipin Kumar Jai,Adv.
For Respondent(s) Ms. Rekha Pandey, Adv.
Mr. Rohitash S. Nagar, Adv.
Mr. D.S. Mahra, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal stands allowed in terms of the Signed Order.
(NEELAM GULATI) (SAROJ SAINI)
COURT MASTER COURT MASTER
(Signed Order is placed on the file)