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Deepak Kumar & Anr. vs. Devina Tewari & Ors.

Not available · 2024 INSC 925Decided 26 Nov 2024
Not available
Justice B.R. Gavai · Justice K.V. Viswanathan

Background

A Single Judge of the Allahabad High Court (Lucknow Bench) had dismissed a contempt application filed by Respondent No. 1 (an employee), holding that the appellants had not committed contempt of an earlier order. Respondent No. 1 then filed an intra-court appeal before the Division Bench, which was allowed. The appellants challenged this before the Supreme Court, arguing that no appeal lay against an order that merely dismissed a contempt application without deciding the underlying dispute on merits.

Decision Breakdown

The Supreme Court relied on its earlier ruling in Midnapore Peoples' Coop. Bank Ltd. v. Chunilal Nanda, which lays down that an appeal under Section 19 of the Contempt of Courts Act is maintainable only against an order actually punishing for contempt, not against an order that declines to find contempt or dismisses such a proceeding. Since the Single Judge's order had only held that no contempt was made out (without adjudicating the merits of the underlying dispute), the Division Bench's appeal itself was not legally maintainable. The Supreme Court quashed the Division Bench's order and dismissed the appeal before it, while granting Respondent No. 1 the benefit of the Limitation Act if she chooses to separately challenge the original order by special leave petition.

Lesson Learnt

Not every unfavourable outcome in contempt proceedings can be appealed: an appeal only lies against an order that actually punishes for contempt, not one that simply finds no contempt was committed; a person aggrieved by such a finding must seek other remedies, such as a special leave petition.

Official source (sci.gov.in)View Judgment (PDF)

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