GURMINDER SINGH KANG versus SHIV PRASAD SINGH & ORS.

GURMINDER SINGH KANG versus SHIV PRASAD SINGH & ORS.

The appellant, by canceling time bound promotions granted pursuant to a final High Court order, committed contempt of that order. However, considering his retirement and remorseful conduct, the imprisonment is replaced by a stern warning, while fine is confirmed.

Parties
Appellant: Gurminder Singh Kang; Respondent No. 1: Shiv Prasad Singh; Respondents: Others
Jurisdiction
India
Judgment Date
07 December 2012
Procedural Posture
Civil Appeal / Final Disposal by Supreme Court
Outcome
Appeal disposed of.
Legal Topics
Contempt of High Court Order, Time Bound Promotion, Punishment for Contempt, Service Conditions for Reappointment
Contempt of Court Service Law Contempt of High Court Order Time Bound Promotion Punishment for Contempt Service Conditions for Reappointment

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Parties

Gurminder Singh Kang

Appellant

Shiv Prasad Singh

Respondent No. 1

Others

Respondents

Procedural Posture

Civil Appeal / Final Disposal by Supreme Court

Legal Issues

  1. 1 Whether the appellant committed contempt of the High Court's order dated 21.08.1995 by canceling time bound promotions of respondent-employee.
  2. 2 Whether punishment imposed for contempt is warranted in light of appellant's conduct and remorse.

Ratio Decidendi

The appellant, by canceling time bound promotions granted pursuant to a final High Court order, committed contempt of that order. However, considering his retirement and remorseful conduct, the imprisonment is replaced by a stern warning, while fine is confirmed.

Court Disposition

Appeal disposed of.

Orders

  • Simple imprisonment of two months is set aside; a stern warning is recorded against appellant.
  • Imposition of fine of Rs.2000/- confirmed, to be paid within four weeks from receipt of order's copy.