Direction to create supernumerary posts at stage of exercise of contempt jurisdiction is an addition to the initial order
passed in writ petition - Nor is such a course of action open to balance the equities - Issue is one of jurisdiction and not of
justification -
Sudhir Vasudeva v. M. George Ravishekaran, (2014) 3 SCC 373
Constitution of India
Arts. 215, 226, 136 and 129 - Court exercising contempt jurisdiction passing supplemental order to the main order
passed in writ petition - Impermissibility of - On orders of Single Judge of High Court (upheld by Supreme Court)
appellant State Corporation directed to absorb respondents as Marine Assistant Radio Operators or in the alternative if
there is no cadre thereof or insufficient posts available to give them pay protection and sanction them the scale of pay as
applicable to Marine Assistant Radio Operators, appellants complying with alternative direction - Contempt petition filed
thereagainst - Contempt Judge's directions for creation of supernumerary posts of Marine Assistant Radio Operator,
held, cannot be countenanced - Not only must courts act with utmost restraint before compelling the executive to create
additional posts, impugned direction virtually amounts to supplementing directions contained in High Court's order -
Direction to create supernumerary posts at stage of exercise of contempt jurisdiction is an addition to the initial order
passed in writ petition - Nor is such a course of action open to balance the equities - Issue is one of jurisdiction and not of
justification - An alternative direction had been issued by the High Court and appellants, officers of the Corporation, have
complied with the same - They have not acted in wilful disobedience of the said order of the Court which stands duly
implemented,
Contempt of Court
Civil Contempt
Matters at large/Review etc. of earlier order/Orders that may be passed - Jurisdiction of Court - No order or direction
supplemental to what has been already expressed should be issued by the Court while exercising jurisdiction in the
domain of contempt law - Held, power to punish for contempt is a special and rare power - It is a drastic power which, if
misdirected, could even curb the liberty of the individual charged with commission of contempt - Nature of the power
casts a sacred duty in the Courts to exercise the same with the greatest of care and caution - Courts must not, therefore,
travel beyond the four corners of the order which is alleged to have been flouted or enter into questions that have not
been dealt with or decided in the judgment or the order violation of which is alleged - Only such directions which are
explicit in a judgment or order or are plainly self-evident ought to be taken into account for the purpose of consideration
as to whether there has been any disobedience or wilful violation of the same - Decided issues cannot be reopened; nor
can the plea of equities be considered - Courts must also ensure that while considering a contempt plea the power
available to the Court in other corrective jurisdictions like review or appeal is not trenched upon,
Print Page
passed in writ petition - Nor is such a course of action open to balance the equities - Issue is one of jurisdiction and not of
justification -
Sudhir Vasudeva v. M. George Ravishekaran, (2014) 3 SCC 373
Constitution of India
Arts. 215, 226, 136 and 129 - Court exercising contempt jurisdiction passing supplemental order to the main order
passed in writ petition - Impermissibility of - On orders of Single Judge of High Court (upheld by Supreme Court)
appellant State Corporation directed to absorb respondents as Marine Assistant Radio Operators or in the alternative if
there is no cadre thereof or insufficient posts available to give them pay protection and sanction them the scale of pay as
applicable to Marine Assistant Radio Operators, appellants complying with alternative direction - Contempt petition filed
thereagainst - Contempt Judge's directions for creation of supernumerary posts of Marine Assistant Radio Operator,
held, cannot be countenanced - Not only must courts act with utmost restraint before compelling the executive to create
additional posts, impugned direction virtually amounts to supplementing directions contained in High Court's order -
Direction to create supernumerary posts at stage of exercise of contempt jurisdiction is an addition to the initial order
passed in writ petition - Nor is such a course of action open to balance the equities - Issue is one of jurisdiction and not of
justification - An alternative direction had been issued by the High Court and appellants, officers of the Corporation, have
complied with the same - They have not acted in wilful disobedience of the said order of the Court which stands duly
implemented,
Contempt of Court
Civil Contempt
Matters at large/Review etc. of earlier order/Orders that may be passed - Jurisdiction of Court - No order or direction
supplemental to what has been already expressed should be issued by the Court while exercising jurisdiction in the
domain of contempt law - Held, power to punish for contempt is a special and rare power - It is a drastic power which, if
misdirected, could even curb the liberty of the individual charged with commission of contempt - Nature of the power
casts a sacred duty in the Courts to exercise the same with the greatest of care and caution - Courts must not, therefore,
travel beyond the four corners of the order which is alleged to have been flouted or enter into questions that have not
been dealt with or decided in the judgment or the order violation of which is alleged - Only such directions which are
explicit in a judgment or order or are plainly self-evident ought to be taken into account for the purpose of consideration
as to whether there has been any disobedience or wilful violation of the same - Decided issues cannot be reopened; nor
can the plea of equities be considered - Courts must also ensure that while considering a contempt plea the power
available to the Court in other corrective jurisdictions like review or appeal is not trenched upon,
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