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High Court of Punjab and HaryanaCR/7213/2014disposed of

Lachhwant Singh v. P.K. Malhotra

2015-05-01Mr. Justice Harbans Singh Rai2 pages

C.R. No.7213 of 2014 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.7213 of 2014 Date of Decision.01.05.2015 Lachhwant Singh .......Petitioner

Versus

Sh. P.K. Malhotra, Secretary, Department of Legal Affairs, Ministry of Law and Justice, Government of India, Shastri Bhawan, New Delhi ......Respondent

Present:

Ms. Sukhmani Tiwana, Advocate for Mr. Vikas Singh, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

The revision petition is against the dismissal of the petition seeking for action of contempt before the Court below. I asked the counsel to explain as to how the petition for contempt was possible before the Court below other than the High Court and the Supreme Court in a situation where a contempt for disobedience was sought in the manner provided Order 39 Rule 2-A CPC or Order 39 Rule 32 CPC. 2.

The counsel for the petitioner points out to me that under the Rules framed by the Court under the Contempt of Court (Punjab and Haryana) Rules, 1974, the High Court will have the power to take action for civil contempt, inter alia, on a reference made to it by the Court which is subordinate to the High Court. I do not have the benefit of having the copy of the petition filed before the Court but I venture to PANKAJ KUMAR 2015.05.06 17:54 I attest to the accuracy and integrity of this document

C.R. No.7213 of 2014 -2believe that such a prayer was made. Even if it was not asked, I set aside the order and direct the Court below to consider the plea for a reference and pass appropriate order.

3.

The order passed by the Court below is set aside and remitted to the Court below for taking appropriate action. The civil revision is disposed of with the above directions. (K. KANNAN) JUDGE May 01, 2015 Pankaj* PANKAJ KUMAR 2015.05.06 17:54 I attest to the accuracy and integrity of this document