THE STATE OF UTTAR PRADESH versus GLJRBAKSH SINGH
Departmental proceedings based on a circular requiring exhaustion of remedies, initiated while a suit was pending, had a tendency to coerce the respondent to withdraw or not press his suit, and thus amounted to contempt of court.
- Parties
- Appellant: Pratap Singh; Appellant: Bachan Singh; Respondent: Gurbaksh Singh
- Jurisdiction
- India
- Judgment Date
- 29 January 1962
- Procedural Posture
- Criminal Appeal / Appeal From Judgment and Order of the Punjab High Court
- Outcome
- Appeals dismissed
- Legal Topics
- Departmental Proceedings, Disciplinary Action, Interference With Judicial Process, Government Servant Litigation
Case Brief
Summary, issues, holding and outcome
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Parties
Pratap Singh
Appellant
Bachan Singh
Appellant
Gurbaksh Singh
Respondent
Procedural Posture
Criminal Appeal / Appeal From Judgment and Order of the Punjab High Court
Legal Issues
- 1 Whether departmental proceedings against a government servant for instituting a suit before exhausting official remedies constitute contempt of court
- 2 Whether compliance with executive directions in the form of a circular letter can be a defence to contempt charges
Ratio Decidendi
Departmental proceedings based on a circular requiring exhaustion of remedies, initiated while a suit was pending, had a tendency to coerce the respondent to withdraw or not press his suit, and thus amounted to contempt of court.
Court Disposition
Appeals dismissed
Orders
- Appellants directed to abandon departmental proceedings against the respondent
- Appellants warned against complying with the instructions in the circular letter
Full Case Text
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