LIC Pensioners – Contempt Case at cross roads
CCP 760 of 2010 before Jaipur Bench (dismissed as withdrawn)
There is no clarity on what actually transpired in the Court on 13.02.2014 leading to the Order that was passed on that day. It is possible that Mr Asthana got some hint from the Judge that the CCP No 760 of 2010 is likely to be dismissed. Is such an Order possible from the facts of the case while most of us strongly feel that LIC committed gross contempt by not honouring/implementing the Judgement dated 12/01/2010?
In my considered view, it is possible.
- It was first filed before the Jaipur Bench on 12/08/2010. While hearing LIC’s Appeals against the original judgement, Supreme Court passed interim Orders (first on 14/11/2011 as amended later on 17/10/2012) to the effect that the contempt proceedings “shall remain stayed subject to the condition ……………….the petitioner shall deposit in the Registry of the High Court ……amount due to…......”.
- The matter came up once again on being raised by Mr Asthana before the Jaipur Bench on 15/01/2013. The Bench observed that the alleged contempt arose due to the alleged non-compliance of the Supreme Court’s Order (dated 17/10/2012) and therefore directed that the Applicant/Respondent should approach the Supreme Court with their prayer.
Mr Asthana was accordingly obliged to go back to SC on 15/04/2013 through his IA Nos 7-8 under SLP Nos 299956 & 299957 of 2011. However, the IAs were dismissed with the observation by SC: “In our view, no case is made out for issuing any further direction to the petitioner in the matter of deposit of the amount in terms of the initial order passed by the Court”.
CCP No 760 was again heard on 20/05/2013 by the Jaipur Bench. It was ordered that:“the present contempt petition before the High Court is to remain pending and not to be proceeded with until the SLP (29956/2011 and 29957/2011) pending before the Hon’ble Supreme Court are decided.”
Having been linked to the progress of the batches of SLPs filed by LIC and following series of SC Orders dated 30/09/2013 (famous for “THERE SHALL BE NO STAY”), 08/10/2013 and 17/10/2013, KML’s CCP No 760/2010 again got revived before the Jaipur Bench for final disposal.
In the above over all background it is quite possible that LIC’s seasoned counsel successfully marshaled his arguments before Justice Chauhan and it should not be a surprise if the Court was NOT inclined to hold LIC guilty of any contempt.
In support of the above assumptions, let us examine the matter from another angle. For that purpose we need to separate LIC’s obligation to deposit certain amount in the HC Registry as ordered by SC on 17/10/2012 from LIC’s obligation to comply with the original Judgment dated 12/01/2010.
The first obligation has been virtually complied with and perhaps no contempt lies on that account after SC declined on 15/04/2013 to issue any further directions.
What remains thereafter is the case made out by Mr Asthana in his original CCP No 760 of 2010, viz., contempt committed by LIC if any, due to non-implementation of the Judgment dated 12/01/2010. In fact this judgment became in a way final and binding and got its real teeth only after the “NO STAY” order dated 30/09/2013 was passed by SC and not when it was filed in 2010. While this Petition has been pending disposal all these years, LIC’s latest contention that with its compliance of SC Orders dated 17/10/2012 (passed under the same CCP No 760 of 2010), no contempt charge can stick to it to any more, could easily find favor with the Court. Result – imminent dismissal of the CCP No 760 of 2010.
If all the above or at least a good part of it weighed with Mr Asthana in withdrawing his Petition, full marks to his strategic move because he has prayed for and was granted liberty to file an application for clarification of the order dated 12/01/2010 passed by “this court”. He will now fully exploit the opportunity he got after obtaining best legal advice on how to move forward. His next move will be relevant to the status of the Judgment dated 12/01/2010 post SC Order dated 30/09/2013. The action required to be taken may include a fresh Notice to LIC demanding full compliance of the Judgment dated 12/01/2010 after obtaining the clarification from the Court on the full import of the Judgment. If it happens so, it will be an example of converting the challenge in to an opportunity.
Sreenivasa Murty, Mulukutla
RM (Legal) & Law Officer (Retd)
SC Zone, Hyderabad