← Library
High Court of Punjab and HaryanaCOCP/404/2020dismissed

Vedpal v. Mahavir Singh And Another

2020-01-31Mr. Justice Surinder Gupta2 pages

COCP-404-2020 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Contempt of Court Petition No.404 of 2020 (O&M) Date of Decision: January 31, 2020 Vedpal ......PETITIONER(s).

VERSUS

Mahavir Singh, IAS and another ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Sajjan Singh, Advocate for the petitioner (s).

******* SURINDER GUPTA, J.

Learned counsel for the petitioner submits that directions in order dated 22.12.2015 passed in CWP-4301-2013 to consider candidature of all the eligible candidates, who fulfill the requisite qualification/experience as per amended Rules of 2012 within a period of three months from the date of receipt of certified copy of the order, have not been considered while promoting the petitioners in that writ petition vide order dated 01.12.2016. Though the petitioner was not a party in that writ petition, his case is also covered by the directions given therein. Section 20 of Contempt of Courts Act, 1971 provides to initiate proceedings for contempt within a period of one year of the contempt alleged to have been committed.

Learned counsel for the petitioner draws my attention towards Article 215 of Constitution of India, which reads as follows:- SACHIN MEHTA 2020.02.03 16:47 I attest to the accuracy and authenticity of this document High Court, Chandigarh

COCP-404-2020 -2- "215. High Courts to be courts of record.-- Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself."

The above proviso, in no manner, covers the limitation for the petitioner as provided under Section 20 of Contempt of Courts Act, 1971. As the petition has been filed beyond limitation as per provisions of Section 20 of Contempt of Courts Act, 1971, this petition has no merits.

Dismissed.

However, petitioner shall be at liberty to avail other legal remedies available to him.

( SURINDER GUPTA ) January 31, 2020 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SACHIN MEHTA 2020.02.03 16:47 I attest to the accuracy and authenticity of this document High Court, Chandigarh