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Chitranjan Kumar and ors. Vs. Coal India Ltd. and ors.

Chitranjan Kumar and ors. vs Coal India Ltd. and ors.

Type Court Judgment Court Jharkhand Decided Jul 19, 2007
~2 min read
https://sooperkanoon.com/case/518133

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Citation
Court
Jharkhand High Court
Judge
Decided On
Subject
Service

Case Summary

AI-generated summary - not the official court judgment text.

- CONSTITUTION OF INDIA Article 215: [M. Karpaga Vinayagam, CJM, .Y.Eqbal & Amareshwar Sahay, R.K. Merathia, Narendra Nath Tiwari, JJ] Contempt Proceedings Review Powers of High Court Held, Article 215 of the Constitution vests the High Court with all the powers of court of record including the power to punish fo...

Key legal issue
Service

Parties & Advocates

Appellant / Petitioner

Chitranjan Kumar and ors.

Respondent

Coal India Ltd. and ors.

Legal References

Reported In
[2007(4)JCR34(Jhr)]

Excerpt

.....record including the power to punish for its contempt. this special jurisdiction is inherent in a court of record from the very nature of the court itself. the said special power is not subject to the procedural law either of the criminal procedure code or the contempt of courts act. the high court can deal with the matter summarily and can adopt its own procedure. however, if the high court initiates the proceeding as a court of record, principle of natural justice must be applied and the contemner should be given sufficient opportunity to know the accusation and to defend himself. in the instant case, the contemner was served with the notice to show cause. he was well aware of the accusation. he also admitted his guilt. in view thereof, contention of the contemner lawyer that he was not heard on merit of the contempt application and the impugned judgment of punishing petitioner in contempt of court is violative of principles of natural justice, is not tenable. article 215: contempt proceedings review of conviction held, it is the solemn duty of the bench and bar to maintain and uphold the majesty, authority and dignity of the courts for the sustenance and progress of democracy in our country particularly at the juncture when there are number of instances of outside attempt to disintegrate and destroy the democratic set up of our country. such conduct of a member of the bar brings the authority of the court and the administration of justice into disrespect, erodes and undermine the foundation of the judiciary by shaking faith and confidence of the people in the ability of the courts to deliver free and fair justice, it is a deliberate attempt to insult the high court and denigrate the authority and solemnity and court strongly deprecate such attempt made with biased attitude. such indiscriminate allegations against judges, who are the members of the bench, cannot be a ground for review of the impugned judgment. punishment of prohibiting appearance of..........examination for promotion to the executive cadre and, as such, they cannot be allowed to appear in the said examination.3. mr. m.s. anwar, learned senior counsel appearing on behalf of the petitioners submitted that at least the petitioner nos. 9 to 13 have fulfilled all-eligibility criteria and qualification for appearing in the said examination.4. without going into the merit of the contentions of the learned counsel for the parties, this i.a. is allowed giving liberty to the petitioner(s) to approach the respondent, director (personnel), coal india limited, kolkata respondent no. 2 to show their eligibility and qualification, prescribed for the eligibility of the said examination. ii one or other petitioners file(s) a representation showing their eligibility, qualification etc. the said respondent no. 2 shall consider the same and pass appropriate order. if one or other petitioner(s) is/are eligible and qualified for appearing in the said examination, the said respondent no. 2 shall allow such eligible petitioner(s) to appear provisionally in the said examination. the said respondent no. 2 on representation shall take expeditious decision, so that the eligible petitioner(s) may be allowed to appear in the said examination.5. i.a. no. 2027 of 2007 stands disposed of.6. let a copy of this order be handed over to the learned counsel for the parties.

Full Judgment

ORDER

N.N. Tiwari, J.

1. In this I.A., the petitioners have prayed for allowing them to appear provisionally in the examination for selection/promotion from Non-Executive to Executive cadre, which it has been said, is going to be held on 22nd July, 2007. It has been stated that the petitioners have filed the writ petition much before time, but the respondents themselves had taken time for filing counter affidavit. However, no counter affidavit has been filed till date. The respondents, in the meantime, are going to hold the said examination in question, in order to debar the petitioners from appearing in the said examination. If the said examination is held and the petitioners are not allowed to appear in the same, the purpose of the writ petition will be frustrated and the writ petition will become infructuous.

2. Learned Counsel appearing on behalf of the respondents submitted that the petitioners are not eligible for the ensuing departmental examination for promotion to the Executive Cadre and, as such, they cannot be allowed to appear in the said examination.

3. Mr. M.S. Anwar, learned senior counsel appearing on behalf of the petitioners submitted that at least the petitioner Nos. 9 to 13 have fulfilled all-eligibility criteria and qualification for appearing in the said examination.

4. Without going into the merit of the contentions of the learned Counsel for the parties, this I.A. is allowed giving liberty to the petitioner(s) to approach the respondent, Director (Personnel), Coal India Limited, Kolkata respondent No. 2 to show their eligibility and qualification, prescribed for the eligibility of the said examination. II one or other petitioners file(s) a representation showing their eligibility, qualification etc. the said respondent No. 2 shall consider the same and pass appropriate order. If one or other petitioner(s) is/are eligible and qualified for appearing in the said examination, the said respondent No. 2 shall allow such eligible petitioner(s) to appear provisionally in the said examination. The said respondent No. 2 on representation shall take expeditious decision, so that the eligible petitioner(s) may be allowed to appear in the said examination.

5. I.A. No. 2027 of 2007 stands disposed of.

6. Let a copy of this order be handed over to the learned Counsel for the parties.

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