Contempt of court order by Dy. Directorate of collegiate Education

The hon. high court of Kerala in its judgement order on 20 December 2016 directed Kannur University, to 'independently, without being influenced by the stand of the respective colleges, take a decision as to the last pay to be fixed reckoning service of the petitioner in both the colleges where the petitioner had served within a period of three months from submission of documents. Documents submitted on 13 January 2017. on 13 march 2017, the university communicated that 'the services of the petitioner in the colleges can be reckoned for pay fixation, however as the pay fixation of the services rendered by the petitioner in the private aided colleges does not come under its purview, Deputy Directorate of Collegiate Education needs to do it and sent the same to them. But nothing happened further. Its pending even now. But no fixation has been carried out till date. Against whom should the contempt be made? How? Kindly guide me.

Answers (3)

130 votes

Contempt can be made only against whom the order was made. IT is to be moved as Contempt petition -another proceeding-. Here also the Hon.Court will make reasonable enquiry and further appropriate orders will be passed. It is better to approach the concerned counsel through whom you obtained the order, and give proper instruction to file contempt petition

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241 votes

As per the direction in the writ petition, the university has acted in terms of the same. Now further action is to be taken by Deputy Director of Collegiate Education who i think was not a party in the earlier writ petition. Therefore contempt as against University will not lie and since there is no express directions to the latter, no contempt will lie against Deputy Director of Collegiate Education as well. Therefor it is better to file fresh writ petition seeking directions to Deputy Director of Collegiate Education to consider your request which was forwarded by the university.

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145 votes

Contempt can only be filed if i get the copy of the judgement. Will have to see who all are the respondents in the writ. Contempt can be initiated against the respondents for non compliance of the order. First a notice is to be sent to the respondents against whom contempt is to be initiated. And then after that contempt petition is to be filed in high court

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