[2014] 2 S.C.R. 619
R. SUBRAMANIAM
v.
MURUGAPPA GOUNDER AND ORS.
(Civil Appeal No. 1793 of 2014)
JANUARY 31, 2014
[P. SATHASIVAM, CJI, RANJAN GOGOi AND
M.Y. EQBAL, JJ.J
CONTEMPT OF COURT:
Unconditional apology tendered, accepted by single
Judge of High Court - However, direction issued to take action
against contemnors -- Held: Unconditional apology made in
the form of an affidavit and the same having been accepted,
A
B
c
. further direction to Department for appropriate action neither D
warranted nor permissible -- Accordingly, the impugned
direction set aside.
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
1793 of 2014.
From the Judgment and Order dated 27.07.2012 of the
High Court of Judicature at Madras in Contempt Appeal No. 3
of 2012.
E
R. Balasubramaniam, Sumit Kumar, Ajay Amitrag, Amit
Sharma for the Appellant.
F
The following Order of the Court was delivered by
ORDER
1. Though the respondents duly served with notice but are
G
not represented by counsel.
2. Heard learned senior counsel for the appellant.
619
H
620
SUPREME COURT REPORTS
[2014] 2 S.C.R.
A
3. Leave granted.
4. The only grievance of the learned senior counsel
appearing on behalf of the appellant is that though the learned
Single Judge accepted the apology tendered by the appellant
and Respondent No.2 herein, forwarded a copy of the order
B passed in the contempt petition to ttile Principal Secretary &
Commissioner of Land Administration, Chepauk, Chennai, for
initiating appropriate action.
5. We have gone through the order dated 29.06.2012
c passed by the learned Single Judge ih Contempt Petition No.
30 of 2012. In Para 20 and 21 the learned Single Judge clearly
accepted the 'unconditional apology' t~ndered by Respondent
Nos. 1 and 3 therein. In spite of acceptance directed the
authority to take action against them. When the said order was
o challenged in the Contempt Appeal Nd. 3 of 2012, the Division
Bench by its impugned order confirmed the same and
dismissed the appeal.
6. In the light of the fact that the persons concerned
including the appellant herein have made unconditional apology
E in the form of an affidavit and having been accepted by the
learned Single Judge, we are of the view that further direction
to the Department concerned for appropriate action neither
permissible nor is warranted. Accordingly, the said direction
as found .in para 20 of the order of thf:!! learned Single Judge
F and the confirmation order of Division Hench are set aside.
7. The appeal is allowed on the above terms. No cost..
R.P.
Appeal allowed.
Lex