Karnataka Vs. Shri T.R. Dhananjaya & Anr
 INSC 499 (14
K. Ramaswamy, K. Hansaria B.L. (J)
1995 SCC (6) 254 JT 1995 (9) 599 1995 SCALE (5)358
O R D
Court by order dated August 25, 1995 found, Mr. J. Vasudevan, Principal
Secretary, Housing and Urban Development Department, Government of Karnataka
guilty of wilful disobedience of the order of this Court and sentenced him to
undergo simple imprisonment for one month. Thereon, Vasudevan filed I.As. 4 and
5 of 1995 praying for remission of the sentence and explaining the
circumstances in which he sought the remission. It was also stated that the
order in question has since been implemented. By our order dated September 8, 1995, the applications were rejected.
State of Karnataka filed this I.A. on September 11, 1995 for reviewing the order dated September 8, 1995. It has been stated in the
application that primarily the State is responsible to implement this Court's
order through their Secretaries and the State has highest regards for the
orders of this Court. After the aforesaid order was passed by this Court
against Vasudevan, the judgment of this Court has been implemented and,
therefore, sentence of imprisonment is requested to be remitted.
now settled law that an appeal or application like the one at hand can be
initiated only by the person found guilty. No other person has any right to
intervene on his behalf, as he alone is the person aggrieved. Since Vasudevan
had filed aforesaid applications and his prayer for remission was rejected on
merits, the application filed by the State seeking review of a review order, is
not maintainable. It is submitted on behalf of the State that in view of the
extensive power of this Court under Article 142 of the Constitution, this Court
may consider the matter and remit the sentence. We do not find any circumstance
warranting further review of our review order and that too on self-same
grounds. The contention of the State is that since the action is taken at
different levels, the officer is not personally liable for the violation of the
order of the Court. It is their internal management and the court or any other
party would not know as to who was actually responsible for the disobedience.
It would be open to the Government to frame appropriate rules fastening the
responsibility and accountability for implementation of the order of the courts
and to inform the courts in that behalf.
this is done, officers like Vasudevan shall have to be held responsible for
disobedience of courts' order relating to their Department.
application is accordingly dismissed.