AIR 1951 PUNJAB 49

Punjab High Court

Hon'ble Judge(s): Khosla, Falshaw , JJ

(A) Contempt of Courts Act (12 of 1926) , S.2— Commissioner acting under Public Servants Inquiries Act, if Court. Evidence Act (1 of 1872) , S.3— Public Servants (Inquiries) Act (37 of 1850) , S.8— A Comr. appointed to hold an inquiry under the Public Servants Inquiries Act, 1850, is a Ct. as he is given all the powers of a Ct. regarding the summoning of witnesses and other matters. The mere fact that he can give no final decision but has merely to draw up a report giving his findings on the charges which is to be forwarded to the Govt. is not sufficient to make him anything other than a Ct. The definition in S. 3, Evidence Act is wide enough to include him as a Ct. Anno: Contempt of Cts. Act, S. 2 N. 1, 3, and 6; Evidence Act, S. 3 N. 1. (B) Public Servants (Inquiries) Act (37 of 1850) , S.8— 'Protection', meaning of. The word 'protection' as used in S. 8 of the Act cannot be construed in the wider sense of protection by the H. C. from contempts. In using that word the legislature had in mind the meaning of that word as used in the Judicial Officers Protection Act passed previously in the same year.(Para 4) (C) Contempt of Courts Act (12 of 1926) , S.2....