J.S. PARIHAR versus GANPAT DUGGAR AND ORS.

J.S. PARIHAR versus GANPAT DUGGAR AND ORS.

A single judge in contempt proceedings cannot go into the merits or give fresh directions regarding seniority; the Division Bench rightly set aside such directions using powers under Section 18 of the Rajasthan High Court Ordinance, as an appeal under Section 19 of the Contempt of Courts Act was not maintainable.

Parties
Appellant: J.S. Parihar; Respondent: Ganpat Duggar and Ors.
Jurisdiction
India
Judgment Date
11 September 1996
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeals dismissed
Legal Topics
Seniority List, Contempt of Court, Jurisdiction Under Contempt of Courts Act, 1971, Rajasthan High Court Ordinance
Service Law Seniority List Contempt of Court Jurisdiction Under Contempt of Courts Act, 1971 Rajasthan High Court Ordinance

Case Brief

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Parties

J.S. Parihar

Appellant

Ganpat Duggar and Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether a single judge in contempt proceedings can go into merits and give directions regarding seniority lists
  2. 2 Whether an appeal against the single judge's directions is maintainable under Section 19 of the Contempt of Courts Act, 1971

Ratio Decidendi

A single judge in contempt proceedings cannot go into the merits or give fresh directions regarding seniority; the Division Bench rightly set aside such directions using powers under Section 18 of the Rajasthan High Court Ordinance, as an appeal under Section 19 of the Contempt of Courts Act was not maintainable.

Court Disposition

Appeals dismissed

Orders

  • It may be open to the aggrieved party to assail the correctness of the seniority list prepared by the State Government, if it is not in conformity with the directions issued by the High Court, in an appropriate forum.
  • No costs.