Holding

The High Court was not justified in initiating contempt proceedings as the appointment was a nullity and NIT acted bona‑fide after providing a show‑cause opportunity.

Summary

The widow of a deceased employee of the National Institute of Technology (NIT) sought a compassionate appointment for her grandson, who was later given a temporary regular post after a 15‑year delay. The widow later applied for her son’s appointment and for cancellation of the grandson’s post; the High Court dismissed her writ petition. The High Court then directed NIT to issue show‑cause notices to alleged illegal appointees, leading NIT to cancel the grandson’s appointment after due process. The High Court initiated suo moto contempt proceedings against NIT for allegedly flouting its earlier order. The Supreme Court held that the compassionate appointment was a nullity because it was made without a valid scheme and to a person not covered by the statutory exception, and that NIT acted bona‑fide after providing a show‑cause opportunity. Consequently, no contempt could arise, and the High Court’s contempt proceedings were unjustified. The appeal was allowed, setting aside the contempt orders.

Issues considered

Whether the High Court was justified in initiating suo moto contempt proceedings against NIT for cancelling a compassionate appointment.
Whether an appointment on compassionate grounds without a statutory scheme is valid.
Whether the principles of res judicata apply to a null appointment made by an authority lacking jurisdiction.
Whether NIT’s cancellation of the appointment after due process precludes contempt liability.

Legislation cited

Contempt of Courts Act, 1971s. 12

Subjects

contempt of courtcompassionate appointmentnullity of appointmentres judicataconstitutional lawArticle 14Article 16Article 12public service recruitmentsuo moto contemptjurisdiction

Judgment

A NATIONAL INSTITUTE OF TECHNOLOGY AND ORS.
v.
NIRAJ KUMAR SINGH

FEBRUARY 2, 2007

B (S.B. SINHA AND MARKANDEY KA TJU, JJ.]

Contempt of Court-Contempt proceedings-Compassionate
appointment-Cancellation of-By the institute-Pursuant to direction of
C Court in a different proceeding-After giving proper opportunity of showing
cause-Initiation of suo moto contempt proceedings-Propriety of-Held:
Since the appointment was proved to be a nullity, initiation of contempt
proceedings not justified-Service Law-Compassionate appointment.

Service Law-Compassionate appointment-Compassionate
D appointment de-hors a scheme and in violation of the constitutional scheme
would be illegal and would be rendered a nullity.

Res-judicaCa-Applicability-Held: Where an order is passed by an
authority which lacks inherent jurisdiction, the principles of res-judicata
would not apply.
E
Widow of a deceased employee of appellant-Institute, made application
for appointment of the respondent (grandson of the deceased) on compassionate
ground. Initially he was appointed on daily wages and after 15 years he was
given regular appointment on temporary basis. Thereafter the widow sought
for appointment of her son and cancellation of appointment of the respondent
F Since the request was not adhered to, she filed Writ Petition, but the same
was dismissed by Single Judge of High Court. Order of Single Judge was
confirmed by Division Bench of High Court

In a proceeding under Writ Petition filed by a person claiming
G appointment on compassionate ground, the petitioner therein was directed by
High Court to bring to the notice of the appellant-Institute any case wherein
appointment was given after a long delay or illegally and the Institute was to
take action. The petitioner therein brought the case of the respondent herein
to the notice of the appellant-Institute. As no action was taken, petitioner
therein filed contempt petition. High Court directed competent authority to
H 184
NA TI ONAL INSTITUTE OF TECHNOLOGYv. NIRAJ KUMAR SINGH 185
issue show cause notice to illegal appointees. A
Appellant-Institute, thereafter issued show cause notice and
subsequently also cancelled the appointment of the respondent. Order of
cancellation was also challenged by the respondent in a separate Writ Petition.
High Court initiated suo moto contempt proceedings against the appellant-
institute. B
The question forlconsideration in the present appeal was whether the
High Court was justified in initiating suo moto contempt proceedings.

Allowing the appeal, the Court
c
HELD:1.1. The appellant is a State within the meaning of Article 12 of
the Constitution oflndia. It, therefore, in the matter ofappointment, is under
a constitutional obligation to give effect to the constitutional scheme of equality
as enshrined under Articles 14 and 16 of the Constitution of India. (Para 13)

1.2. Appointment on compassionate ground would be illegal in absence D
of any scheme providing therefor. Such scheme must be commensurate with
the constitutional scheme of equality. [Para 14) (191-C-D)

Punjab Water Supply & Sewerage Board v. Ranjodh Singh & Ors.,
(2006) 13 SCALE 426; relied on.
E
1.3. All public appointments must be in consonance with Article 16 of
the Constitution of India. Exceptions carved out therefore are the cases where
appointments are to be given to the widow or the dependent children of the
employee who died in harness. Such an exception is carved out with a view to
see that the family of the deceased employee who has died in harness does not F
become a destitute. No appointment, therefore, on compassionate ground can
be granted to a person other than those for whose benefit the exception has
been carved out. Other family members of the deceased employee would not
derive any benefit thereunder. (Para 16( (191-F-G)

Auditor General ofIndia and Ors. v. G. Ananta Rajeswara Rao, (1994) G
I SCC 192 and Yogender Pal Singh v. Union of India, AIR (1987) SC 1015,
relied on.

Government of Andhra Pradesh, General Administration, Hyderabad
and Ors. v. D. Gopaiah and Ors., (2006) 6 ALT 553 (FB), referred to.
H
186 SUPREME COURT REPORTS (2007] 2 S.C.R.

A 1.4. The appointment on compassionate ground, thus, could have been
offered only to a person who was the widow of the deceased or a dependent
child. Admittedly, the son of the deceased was only one year old at the time of
his father's death. He could not, thus, have been given any appointment on
compassionate ground. It may be true that the widow filed an application for
grant of appointment on compassionate ground in favour of the respondent.
B But, it now stands admitted that he was not the natural grandson of the
deceased but was a grandson of his cousin brother. Therefore, he was not
entitled for appointment in terms of the scheme of the Institute. The Institute,
therefore, committed an illegality in granting him such an appointment.
Moreover the purported appointment on compassionate ground had been given
c after more than 15 years from the date of death of the deceased. [Para 22)

1.5. If the appointment of the respondent was wholly illegal and without
jurisdiction and such an appointment had been obtained by practising fraud
upon the appellant, the same was a nullity. The same attained finality in view
of the fact that the writ petition of the widow was dismissed. Despite the same,
D the principles of res judicata shall not apply in a case of this nature. It is
well-known that where an order is passed by an authority which lacks inherent
jurisdiction, the principles of res judicata would not apply, the same being
nullity. [Para 231 [194-F-GJ
(

ChiefJustice ofA.P. v. l. V.A. Dixitulu, (197912 SCC 34 and Union of
E India v. Pramod Gupta (DJ By LRs. and Ors., (2005) 12 SCC l, relied on

1.6. Moreover, any appointment in violation of the constitutional scheme
would also be rendered a nullity. [Para 241 (194-HI

Secretary, State of Karnataka & Ors. v. Umadevi & Ors., (2006) 4 SCC
F 1, Indian Drugs & Pharmaceuticals Ltd. v. Workman, Indian Drugs &
Pharmaceuticals Ltd., (2006) 12 SCALE 1, Municipal Corporation, Jabalpur
v. Om Prakash Dubey, (2006) 13 SCALE 266; National Fertilizers Ltd. and
Ors. v. Somvir Singh (2006) 6 SCALE 101 and Punjab Water Supply and ~

Sewerage Barod v. Rarijodh Singh, relied on.
G
2.1. If pursuant to or in furtherance of such a direction of the High
Court, albeit in a different proceeding, the Appellant - Institute had initiated
a proceeding against the respondent and after giving him an opportunity of
showing cause terminated his services, it must be held to have acted bona
fide. No proceedings under the Contempt of Courts Act should have, therefore,
H been initiated against the appellants. (Para 271 [195-DI
/
/

-4-

NATIONAL INSTITlJTEOFTECHNOLOGY r NIRAJ KUMAR SINGH [S.B. SINHA,J.] J87

_),.
2.2. Furthermore, the writ petition of the respondent was yet to be heard A
on merit. Before the writ petition was itself disposed of, the Judge should
not have initiated a contempt proceeding and particularly when the same had
been done (assuming that the same was wrong) to give effect to another order
passed by the High Court. [Para 28] (195-E]

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 429 of2007. B
From the Interim Orders dated 8.5.2006 & 16.5.2006 of the High Court
of Jharkhand at Ranchi in W.P. (S) No. 2378/2005.

Punit Dutt Tyagi, Ajay Choudhary and Nimish Gupta for the Appellants.
c
Rana Mukherjee and Ajit Kumar Sinha for the Rspondent.

The Judgment of the Court was deliverd by

S.8. SINHA, J. 1. Leave granted.
D
2. This appeal is directed against judgments and orders dated 8.05.2006
and 16.05.2006 passed by a learned Single Judge of the Jharkhand High Court
in a proceeding initiated suo motu under Section 12 of the Contempt of Courts
i Act, 1971.

3. One Shri B.P. Sinha was a Senior Storekeeper working with the E
Appellant Institute. He died leaving behind his widow one Smt. Vidhya Devi
on 17.06.1986. Allegedly, she made an application for an appointment of the
respondent herein on compassionate ground. It was claimed that he was the
grandson of the said late Shri 8.P. Sinha. He was appointed on daily wages
on 14.02.1987 and his services were extended from time to time.
F
··~
4. After a gap of about 15 years, i.e., on 16.04.2001, the respondent made
an application for his appointment on compassionate ground on a regular
basis. Affidavits were allegedly filed by the said Vidhya Devi in support
thereof; pursuant whereto and in furtherance whereof, the respondent was
given an appointment in the post of a Chowkidar, i.e., in Class IV grade on
G
temporary basis. On 14.12.2001, the said Vidhya Devi sought for appointment
of her son Ashutosh Kumar while claiming so she also requested for
4. cancellation of the respondent's appointment. As her request was not acceded
to, she filed a writ petition in the High Court of Jharkhand which by reason
of a judgment and order dated 10.01.2002 was dismissed holding:
H
188 SUPREME COURT REPORTS [2007] 2 S.C.R.

A "4. From the entire facts stated in the counter affidavit which is
supported by documents, it is prima facie, clear that the petitioner
has made false statements in paras 8 and 9 of the writ application.
This is very serious matter. If the contention of the respondents made
in the counter affidavit is conclusively proved, then the petitioner
shall be liable to be prosecuted and punished in accordance with law.
B
5. So far the claim of the petitioner for appointment of her son,
Asutosh Kumar on compassionate ground is concerned, the same is
misconceived. Admittedly, petitioner's son was born in 1985 and the
husband of the petitioner died in 1986. In other words, in 1986 when
the petitioner's husband died, her son was a minor aged one year
c three months. After attaining majority i.e. after 18 years, no appointment
can be given to the petitioner's son on compassionate ground. So
far that relief is concerned, the writ application is dismissed.

6. Before parting with the order I must observe that the respondent
RIT would be at liberty to proceed against such persons who have
D
made false representation and filed affidavit."

5. A Letters Patent Appeal was preferred thereagainst was also dismissed
by a Division Bench of the said High Court by an order dated 11.07.2002.

E 6. In a separate writ petition, one Mithilesh Kumar sought for
appointment on compassionate ground inter a/ia on the premise that his
father, who was in service of the Institute and died in harness on 5.01.1988;
wherein a learned Single Judge of the said High Court while dismissing the
same on the ground that a long time has elapsed from the date of death of
his father observed:
F
"If one or other person have been given appointment after long delay
say after about 12 years of the death in recent past, within last one
year or some person has been illegally appointed giving wrong
information, petitioner may bring the same to the notice of the Principal,
R.I. T. Jamshedpur, who will take care. In such case, if any illegality
G is found in the matter of appointment, the authority after notice to the
concerned party, may pass an appropriate order."

7. The Principal of the Appellant Institute received a letter from the said
Mithilesh Kumar wherein it was alleged that several persons had been granted
appointment after a long delay of about I 0 years. The name of the respondent
H herein also figured therein. It was requested:
NATIONALINSTITUTE OFTECHNOLOGY" NI RAJ KUMAR SINGH [S. B. SINHA, J] J 89

"I,. therefore, request you to kindly look into the matter carefully and A
take necessary steps and pass appropria\e order in the matter as
directed by the Honourable High Court."

8. A contempt petition was initiated by the said Mithilesh Kumar alleging
that the directions issued by the said learned Judge were not complied with.
In the proceeding initiated under the Contempt of Courts Act, notices were B
issued against the appellant. Cause was shown by it. By an order dated
7.03.2003, the High Court directed:

"In the circumstances, I allow the opposite parties, further six weeks
time. The competent authority may issue show cause notice to the
illegal appointees and ask them to submit reply why their service C
being terminated because of illegal appointment on compassionate
grounds. Three weeks time may be given to such employees.

On receipt of such reply, they will go through it and find out whether
any one of other has been appointed illegally, against the scheme,
after such delay or not. One week's time is allowed for such scrutiny. D
Thereafter, the O.Ps will obtain necessary order from the Board of
Governors within one week and issue appropriate order, in accordance
with law.

In case, the court's order is not complied within the said period of six E
. weeks, petitioner may bring the same to the notice of the court for
initiation of proceeding against the Director, NIT, Jamshedpur and the
members of the Board of Governors."

.. 9. A notice to show cause thereafter was issued by the appellant, in
terms whereof the respondent was asked to show cause as to why his F
appointment shall not be cancelled. Pursuant thereto cause was shown. The
appointment of the respondent thereafter was cancelled by an order dated
1.03.2005 stating:

"We have gone through the contents of your replies and after
considering the same as there was no justified reasons submitted by G
you, your said reply is found to be unsatisfactory. This is not a
disciplinary/ departmental proceeding and your request for hearing
under commission of enquiries act is not admissible.

In view of the above and in pursuance of the directive of Hon 'ble
High Court dated 11.03.Q3 in contempt case (Civil) No. 866 of2002, we H
190 SUPREME COURT REPORTS [2007) 2 S.C.R.

A hereby terminate your services from NIT Jamshedpur with immediate
effect, that is from the date of issue of this letter."

10. The order came to be questioned before the High Court. A contempt
proceeding was initiated suo motu by a learned Single Judge of the High
Court observing:
B
"10. Inspite of the aforesaid facts, respondents on the basis of order
passed in contempt case terminated the services of the petitioner by
order dated 01.03.2005 without initiating any disciplinary I departmental
proceeding although petitioner continued in service for the last 15-16
years. In fact, by terminating the services of the petitioner, the
c respondents have flouted the judgment passed by the learned Single
Judge and affirmed by the Division Bench of this Court.

11. Considering the entire facts narrated herein above, I am of the
view that the contention of the respondents in the Counter affidavit
filed in this case cannot be appreciated. Prima facie it appears that
D while passing the order of termination, respondents have in fact
ignored the judgment and order passed by the learned Single Judge
and affirmed by the Division Bench of this Court.

12. However, before passing appropriate order, I direct respondent no.
2 and 3, namely, Director, National Institute of Technology, Jamshedpur
E and Registrar, National Institute of Technology, Jamshedpur to appear
in person before this Court on 16.05.2006." -
11. It was directed that the contemnors shall appear in person and file
show cause, if they so desire. A show cause was filed by them. The
F Registrar of the Appellant Institute appeared in person. An application was •
filed by the Director of the Appellant Institute inter alia stating that the
order of termination was passed by the then director of the institute, Dr. D.
Bhattacharya. In view of the said assertions, the High Court observed:

"Mr. P.K. Prasad, learned counsel appearing for the respondents, on
G instruction, submitted that Dr. D. Bhattacharya is presently working
in I.LT. Kharagpur. Hence the petitioner is directed to add Dr.
Bhattacharya as party respondent.

Considering the averments made in the I.A. petition this case is
adjourned to 29.06.2006 to enable the present Director to file show
H cause and to reconsider the order of termination of the services of the
NATIONAL INSTITUTE OF TECHNOLOGYv. NIRAJ KUMAR SINGH [S.B. SINHA, J.] 191

petitioner and take a decision in the matter. The petitioner shall take A
steps for service of notice on the present Director both by registered
post and courier for which steps must be taken within a week."

12. The question which arises for consideration is as to whether in a
situation of this nature, the High Court was justified in initiating proceedings
under the Contempt of Courts Act and that too suo motu. B
13. Admittedly, the appellant is a State within the meaning of Article 12
of the Constitution of India. It, therefore, in the matter of appointment, is
under a constitutional obligation to give effect to the constitutional scheme
of equality as enshrined under Articles 14 and 16 of the Constitution oflndia.
c
14. Appointment on compassionate ground would be illegal in absence
of any scheme providing therefor. Such scheme must be commensurate with
the constitutional scheme of equality.

15. This Court in Punjab Water Supply & Sewerage Boardv. Ranjodh D
Singh & Ors., (2006) 13 SCALE 426, has observed:

" .... The statutory bodies are bound to apply the rules of recruitment
laid down under statutory rules. They being 'States' within the
meaning of Article 12 of the Constitution of India, are bound to E
implement the constitutional scheme of equality. Neither the statutory
bodies can refuse to fulfil such constitutional duty, nor the State can
issue any direction contrary to or inconsistent with the constitutional
principles adumbrated under Articles 14 and 16 of the Constitution of
India.... "
F
16. All public appointments must be in consonance with Article 16 of
the Constitution of India. Exceptions carved out therefore are the cases
where appointments are to be given to the widow or the dependent children
of the employee who died in harness. Such an exception is carved out with
a view to see that the family of the deceased employee who has died in
harness does not become a destitute. No appointment, therefore, on G
compassionate ground can be granted to a person other than those for whose
-+ benefit the exception has been carved out. Other family members of the
deceased employee would not derive any benefit thereunder.

17. This Court in Auditor General of India and Ors. v. G. Anania
H
192 SUPREME COURT REPORTS [2007] 2 S.C.R.

A Rajeswara Rao, [1994] I sec 192 held:

"5. A reading of these various clauses in the Memorandum discloses
that the appointment on compassionate grounds would not only be
to a son, daughter or widow but also to a near relative which was
vague or undefined. A person who dies in harness and whose
B members of the family need immediate relief of providing appointment
to relieve economic distress from the loss of the bread-winner of the
family need compassionate treatment. But all possible eventualities
have been enumerated to become a rule to avoid regular recruitment.
It would appear that these enumerated eventualities would be breeding
ground for misuse of appointments on compassionate grounds. Articles
c 16(3) to 16(5) provided exceptions. Further exception must be on
constitutionally valid and permissible grounds. Therefore, the High
Court is right in holding that the appointment on grounds of descent
clearly violates Article 16(2) of the Constitution. But, however, it is
made clear that if the appointments are confined to the son/ daughter
D or widow of the deceased government employee who died in harness
and who needs immediate appointment on grounds of immediate need
of assistance in the event of there being no other earning member in
the family to supplement the loss of income from the bread-winner to
relieve the economic distress of the members of the family, it is
unexceptionable. But in other cases it cannot be a rule to take
E advantage of the Memorandum to appoint the persons to these posts
on the ground of compassion."

18. In Yogender Pal Singh v. Union of India, AIR (1987) SC 1015, this
Court held:
F "While it may be permissible to appoint a person who is the son
of a police officer who dies in service or who is incapacitated while
rendering service in the Police Department, a provision which confers
a preferential right to appointment on the children or wards or other
relatives of the police officers either in service or retired merely because
G they happen to be the children or wards or other relatives of such
police officers would be contrary to Article 16 of the Constitution."

19. In Government of Andhra Pradesh, General Administration,
Hyderabad and Ors. v. D. Gopaiah and Ors., (2006) 6 ALT 553 (FB), a Full
Bench of the Andhra Pradesh High Court noticing the aforementioned
H. judgment, opined :
I
~

NATIONAL INSTITUTE OF TECHNOLOGY 1·. NIRAJ KUMAR SINGH [S.B. SINHA,J.] J93

r- "By reason of Articles 14 and 16 of the Constitution of India, A
great hopes and aspirations were generated in the minds of the people
of India that employment shall not be given on descent. Public
employment is considered to be public wealth. The economy of the
State has taken a tilt from agriculture to public employment and the
growth rate of employment has increased to 34%. On a plain reading,
Article 16 of the Constitution of India carries no exception." B

20. It was further stated :
)-
"The matter relating to grant of compassionate appointment only
in limited situation took its root in public employment. The State and
the Central Governments issued several circulars, took various policy c
decisions and also changed their policy decisions from time to time
resulting in spurt in litigation. A close study of the circulars issued
by the State as also the pattern of litigations generating therefrom
leads us to take judicial notice about -gross abuse of the schemes and
inherent lack of safeguards.
D
Before further adverting to the aforementioned question, we may
notice that the petitioners themselves stated that in the State of
Andhra Pradesh, no appointment had been made as a ban had been
in vogue since 1987. The appointments are being made only on
contract basis by way of schemes, which stricto sensu violate the E
recruitment rules and Articles 14 and 16 of the Constitution of India.
A lot of employment is generated through the populist scheme of
regularisation of services. There are schemes for employment for
displaced persons, schemes for taking over the services of the taken
over projects, landless persons and so on and so forth. A person can
obtain appointment in terms of aforementioned schemes or on contract F
basis, on political pressures, on demand of trade unions, as also on
the pressures of the Nongovernmental organisations. The long and
short of the matter is that unless there is somebody to push his case,
an employment cannot ordinarily be obtained by a citizen in tenns of
Articles 14 and 16 of the Constitution of India. The majority of the G
population faces the paradox of articulated programmes for obtaining
employment.
+
The schemes for grant of compassionate appointmerrt on medical
invalidation, as noticed hereinbefore, had been made wider and wider.
The State has for one reason or the other compromised with the basic H
194 SUPREME COURT REPORTS [2007] 2 S.C.R.

A principles underlying grant of public employment and has deviated
from the constitutional norms; sometimes it widened the scope and
ambit of grant of appointment on compassionate ground to such an
extent that it had to backtrack its steps. The State's policy decision
in this regard had never been on firm root. They took different steps
at different times depending on the whims and caprice of the concerned
B officer or acted on pressure of the Employees' Unions.

The law interpreting Articles 14 and 16 of the Constitution of
India in this regard has also undergone ups and downs." ...

21. he Appellant-Institute has made a scheme. The said scheme must
C be read in conformity of the aforementioned decision of this Court.

22. The appointment on compassionate ground, thus, could have been
offered only to a person who was the widow of the deceased or a dependent
_child. Admittedly, the son of the deceased Ashutosh Kumar was only one
D year old at the time of his father's death. He could not, thus, have been given
any appointment on compassionate ground. It may be true that Smt. Vidhya
Devi filed an application for grant of appointment on compassionate ground
in favour of the respondent. But, it now stands admitted that he was not the
natural grandson of late Shri B.P. Sinha but was a grandson of his cousin
brother. Therefore, he was not entitled for appointment in terms of the
E scheme of the Institute. The Institute, therefore, committed an illegality in
granting him such an appointment. Moreover the purported the appointment
on compassionate ground had been given in 2001, i.e., after more than 15
years from the date of death of the said Shri B.P. Sinha.

23. If the appointment of the respondent was wholly illegal and without
F jurisdiction and such an appointment had been obtained by practising fraud
upon the appellant, the same was a nullity. We are, however, not oblivious
of the fact that the same attained fi.nal ity in view of the fact that the writ
petition of the said Vidhya Devi was dismissed. Despite the same, the
principles of res judicata shall not apply in a case of this nature. It is well-
G known that where an order is passed by an authority which lacks inherent
jurisdiction, the principles of res jitdicata would not apply, the same being
nullity. [See ChiefJustice ofA.P. v. l. V.A. Dixitulu, [1979] 2 SCC 34 and Union
of India v. Pramod Gupta (D) By LRs. and Ors., [2005] 12 SCC 1]

24. Moreover, any appointment in violation of the constitutional scheme
H would also be rendered a nullity. [See Secretary, State of Karnataka & Ors.
NATI ON AL INSTITUTE OF TECHNOLOGY v. NIRAJ KUMAR SINGH [S.B. SINHA, J.] 195
v. Umadevi & Ors., (2006] 4 SCC l,lndian Drugs & Pharmaceuticals Ltd. v. A
Workman, Indian Drugs & Pharmaceuticals Ltd., (2006) 12 SCALE I,
Municipal Corporation, Jaba/pur v. Om Prakash Dubey, (2006) 13 SCALE
266. National Fertilizers Ltd. and Ors. v. Somvir Singh, (2006) 6 SCALE 101
and Ranjodh Singh. (supra)]

25. The question, therefore, should 'have been considered by the learned B
Single Judge having regard to the aforementioned legal position.

26. We may, furthermore, notice that in the writ petition filed by Mithilesh
Kumar, this Court made certain observations. A contempt petition was also
filed by him wherein certain directions were issued.
c
27. If pursuant to or in furtherance of such a direction of the High Court,
albeit in a different proceeding, the Appellant Institute had initiated a
proceeding against the respondent and after giving him an opportunity of
showing cause terminated his services, it must be held to have acted bona
fide. No proceedings under the Contempt of Courts Act should have, therefore, D
been initiated against the appellants.

28. Furthermore, the writ petition of the respondent was yet to be heard
on merit. Before the writ petition was itself disposed of, in our opinion, the
learned Judge should not have initiated a contempt proceeding and particularly
when the same had been done (assuming that the same was wrong) to give E
effect to another order passed· by the High Court.

29. We, therefore, are of the opinion that the impugned judgments
cannot be sustained which are set aside accordingly. The appeal is allowed.
No costs.
F
K.K.T. Appeal allowed.