High CourtsDivision Bench

Jagdish Prasad Mittal vs Smt. Mala Srivastava

Madhya Pradesh High Court · Decided on 30 November 2001 · Citation: (2002) CriLJ 1290 : (2002) 1 MPJR 270 : (2002) 2 MPLJ 49

HON’BLE JUDGES
S.P. Shrivastava, J · N.G. Karamdelkar, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227 · Contempt of Courts Act, 1971 — Section 10, 12 · Madhya Pradesh State Administrative Tribunals Act, 1985 — Section 17
RESULT
Dismissed
CASE NUMBER
M.C.C. No''s. 76 and 77 of 2001
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Judgment

9 paragraphs · 209 words

Heard.

Perused the record.

This application which purports to be under Sections 10 and 12 of the Contempt of Courts Act, 1971 has been filed seeking to enforce the order passed by this Court in Writ Petition Nos. 1583/97 and 1584/97 decided on 15-12-2000.

A perusal of the order dated 15-12-2000 indicates that the writ petition which was directed against the order passed by the Madhya Pradesh State Administrative Tribunal, Bench Gwalior had been dismissed declining to interfere in the order passed by the Tribunal.

It may be noticed that a writ petition filed under Article 227 of the Constitution of India cannot by any stretch of imagination be taken to be a continuation of the proceedings before the Tribunal. This position in law is well settled.

Obviously, therefore, the question of merger of the order of the Tribunal in the final order passed by this Court dated 15-12-2000 does not arise.

Further, no direction had been issued in the final order passed by this Court which required compliance.

In case the Tribunal had issued any direction which required compliance, it was open to the present petitioner to initiate the proceedings u/s 17 of the Madhya Pradesh State Administrative Tribunals Act, 1985.

Considering the circumstances, this petition is dismissed.