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Contempt of CourtSupreme Court of India

Praveer Kumar, Principal Secretary, Dept. of Medical Health & Family Welfare, Govt. of U.P. & Ors. v. Reena Kumari & Ors.

Civil Appeal · 2017 INSC 717Decided 8 Aug 2017
Civil Appeal No. 10238 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

The respondents had earlier obtained directions from the Allahabad High Court (Lucknow Bench) requiring preference to be given to a group of women candidates in filling 3,000 Basic Health Worker vacancies. When the respondents complained that the state health department had not properly complied, the High Court, in contempt proceedings, found a prima facie case of contempt and directed that if compliance was not made within 15 days, the Principal Secretary and the Director General of the department personally appear before it to show cause. The state officials appealed to the Supreme Court against this direction compelling their personal appearance.

Decision Breakdown

The Supreme Court condoned the delay in filing and granted leave, then agreed with the appellants' counsel that the High Court should not have compelled the personal appearance of the Principal Secretary and other officials before first giving them an opportunity to submit their explanation for the alleged non-compliance. The Court disposed of the appeal by clarifying the correct procedure: only after the High Court considers the officials' explanation, and finds it unacceptable with the officials otherwise liable to be proceeded against for contempt, should their personal appearance be insisted upon. No costs were awarded.

Lesson Learnt

Even in contempt proceedings against government officials for not complying with a court order, basic fairness requires giving the officials a chance to explain themselves in writing before a court compels their personal appearance to "show cause": personal appearance is a later step, not the first one.

Praveer Kumar, Principal Secretary, Dept. of Medical Health & Family Welfare, Govt. of U.P. & Ors. v. Reena Kumari & Ors. – Legal Case Shots | LegalAware