Court directs strict adherence to its order, warns of personal appearance if non-compliance continues
In a significant ruling, the Uttarakhand High Court has found Sri Sanjay Kumar Pathak, the Chief Engineer, guilty of contempt for willfully disobeying a court directive. The contempt proceedings arose from the non-compliance with a Writ Court order dated February 26, 2026, which directed the inclusion of M/s Ram Krishna Jayara's bid in a tender process initially stalled by the petitioner's disqualification.
The court, presided over by Justice Rakesh Thapliyal, emphasized that subsequent developments cannot justify the non-compliance of court orders. The ruling came after the respondent, Sanjay Kumar Pathak, cited the refusal of other bidders to extend their bid validity as a reason for not proceeding with the petitioner's financial bid, effectively rendering M/s Ram Krishna Jayara a single bidder.
Justice Thapliyal condemned this reasoning, stating it was a deliberate attempt to circumvent the Writ Court's directive. He underscored that such actions undermine the authority of the judiciary and violate the rule of law. The court highlighted that any perceived impracticality of an order should be challenged in a higher court rather than delaying its execution.
Citing precedents from the Supreme Court, including cases like Maninderjit Singh Bitta vs. Union of India and Prithawi Nath Ram vs. State of Jharkhand, the judgment reinforced that the rightness or wrongness of an order cannot be contested in contempt proceedings. Compliance is mandatory, and any attempt to bypass an order is considered contemptuous.
The court ordered the respondents to comply with the Writ Court's directive within ten days and submit a compliance report. Failure to do so would necessitate the personal appearance of the contemnor before the court. The case is scheduled for a follow-up hearing on July 27, 2026.
Bottom line:-
Contempt jurisdiction - Subsequent developments cannot justify non-compliance with court orders. Disobedience of an order of the Writ Court, even citing new developments, amounts to wilful contempt if such developments are orchestrated to circumvent the court's directive.
Statutory provision(s): Contempt of Courts Act, 1971
M/s Ram Krishna Jayara v. Sri Sanjay Kumar Pathak, (Uttarakhand) : Law Finder Doc id # 2943851
