Upendra Nath Mahto Vs. Jharkhand State Electricity Board Through Its Chairman and ors. - Court Judgment

Excerpt:
- 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 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 contemner/lawyer before high court as well as courts under its jurisdiction is based on his repeated convictions for contempt in the past is not violative of article 19(g) of the constitution. no interference in exercise of review jurisdiction is warranted. orders.j. mukhopadhaya, a.c.j.1. according to the petitioner, he was in the services of the jharkhand state electricity board (hereinafter to be referred as 'jseb') and retired on 31st may, 2004, while posted as technician grade i, transmission circle, gamharia, jamshwedpur. according to him, though he is entitled for the following benefits, the respondents have not yet paid the same :(a) g.p.f.;(b) pension;(c) leave encashment;(d) gratuity;(e) arears of super selection grade;(f) 2% d.a. made applicable from january, 2004 and not paid to the petitioner;(g) d.a. 50% merged into the basic scale not paid to the petitioner;(h) t.a. payment for the month of august, september and october, 2003;(i) statutory interest and penal interest on the aforesaid dues; and(j) other dues.2. it appears that the petitioner has already represented the matter before the general manager-cum-chief engineer, transmission zone no. 1, jseb, ranch! vide representation dated 24th december, 2004 and the matter seems to be pending.3. in the facts and circumstances, the case is remitted with a direction to the general manager-cum-chief engineer, transmission zone no. 1, jseb, ranchi to decide the claim. if any amount towards retiral benefits and other dues is found payable to the petitioner, the respondents will pay the same to him within a period of three months from the date of receipt/production of a copy of this order, failing which the respondents will be liable to pay interest at the rate of 5% per annum on the admitted retiral dues from the date of his retirement till the date, the amount is paid.4. on the other hand, if the authority disputes any claim or part thereof, he will communicate the ground(s) to the petitioner.5. so far as the arrears of salary is concerned, the respondents will pay the same, if found payable, as per the scheme.the writ petition stands disposed of with the aforesaid observations and directions.

Judgment:
ORDER

S.J. Mukhopadhaya, A.C.J.

1. According to the petitioner, he was in the services of the Jharkhand State Electricity Board (hereinafter to be referred as 'JSEB') and retired on 31st May, 2004, while posted as Technician Grade I, Transmission Circle, Gamharia, Jamshwedpur. According to him, though he is entitled for the following benefits, the respondents have not yet paid the same :

(a) G.P.F.;

(b) Pension;

(c) Leave Encashment;

(d) Gratuity;

(e) Arears of Super Selection Grade;

(f) 2% D.A. made applicable from January, 2004 and not paid to the petitioner;

(g) D.A. 50% merged into the Basic Scale not paid to the petitioner;

(h) T.A. payment for the month of August, September and October, 2003;

(i) Statutory interest and penal interest on the aforesaid dues; and

(j) Other dues.

2. It appears that the petitioner has already represented the matter before the General Manager-cum-Chief Engineer, Transmission Zone No. 1, JSEB, Ranch! vide representation dated 24th December, 2004 and the matter seems to be pending.

3. In the facts and circumstances, the case is remitted with a direction to the General Manager-cum-Chief Engineer, Transmission Zone No. 1, JSEB, Ranchi to decide the claim. If any amount towards retiral benefits and other dues is found payable to the petitioner, the respondents will pay the same to him within a period of three months from the date of receipt/production of a copy of this order, failing which the respondents will be liable to pay interest at the rate of 5% per annum on the admitted retiral dues from the date of his retirement till the date, the amount is paid.

4. On the other hand, if the authority disputes any claim or part thereof, he will communicate the ground(s) to the petitioner.

5. So far as the arrears of salary is concerned, the respondents will pay the same, if found payable, as per the scheme.

The writ petition stands disposed of with the aforesaid observations and directions.