Contempt Proceedings Not Maintainable If Two Interpretations Are Possible & Impugned Action Is Not Contumacious: Rajasthan High Court
The Rajasthan High Court, Jaipur Bench has observed that a contempt proceeding would not be maintainable, if two interpretations are possible, and if the action in question is not contumacious. " " It is not in dispute that as far as directions to allow the petitioner to join services as Female Health Worker had already been complied with and further according to the respondents, the consequential benefits flowing pursuant to the order of appointment of petitioner dated 08.07.2000 have also been accorded vide order dated 25.10.2011 ". Background In the present matter, on 28.04.2008, the court directed respondents to allow the petitioner to join service as Female Health Worker in pursuance of order dated 08.07.2000 within one month and consequential benefits flowing thereof be paid to her within three months. The instant civil contempt petition was filed by the petitioner alleging non-compliance of the judgment and order dated 28.04.2008 whereby the respondents had assured consequential benefits. In response, the counsel for the respondents submitted that as there is no specific directions in the judgment dated 28.04.2008 to pay the back wages and actual monetary benefits to the petitioner, the petitioner has been given benefit on notional basis from July, 2000 to May, 2008 and an amount of Rs.26,746/- has been found payable to the petitioner vide order dated 17.08.2011.
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