Record Disarray Not Willful Contempt: Delhi High Court Refuses to Initiate Contempt Proceedings Despite Severe Deficiencies in Evidence Preservation

1. Case Snapshot

Case Name: Prof Pawan Kumar Sharma And Anr vs Ms Pooja Sharma Dy Secretary Vigilance

Citation: Contempt Case (C) No. — (Delhi High Court)

High Court: High Court of Delhi

Bench: Hon'ble Mr. Justice Sachin Datta

Date of Judgment: 1st July, 2026

Area of Law: Contempt Law, Service Law, Disciplinary Proceedings, Right to Fair Hearing, Administrative Law

2. Judgment in Brief

The Delhi High Court disposed of a contempt petition filed by two former NCTE officials alleging willful disobedience of an order directing the respondent to provide electronic copies of videographies of inspections that formed the basis of disciplinary proceedings against them. The petitioners were issued show cause notices in 2021 for alleged irregularities in granting recognition to 249 Teacher Education Institutions between 2007-08. The Court had directed the NCTE to provide copies of all 249 files and available videographies. While NCTE claimed compliance, an independent IT expert's report revealed that none of the CDs/videographies pertaining to the 2007-08 inspections were readable or operational, and only 207 out of 246 were operational for 2010-11 inspections. The Court found serious inconsistencies in NCTE's affidavits regarding the availability of records. However, it declined to initiate contempt proceedings, holding that the difficulties in furnishing material stemmed from issues of availability, preservation, and readability, rather than willful disobedience. The Court directed that the non-availability of records shall be considered in any disciplinary proceedings against the petitioners, who were granted liberty to raise all pleas in this regard.

3. Relevant Facts

Background of Disciplinary Proceedings

• The petitioners were officials of the National Council for Teacher Education (NCTE) working in the Western Regional Committee (WRC), Bhopal.

• The Supreme Court constituted the Justice Verma Committee (JVC) to examine the grant of recognition to Teacher Education Institutions (TEIs) by WRC during 2007-08.

• The JVC found that 249 TEIs were deficient and recommended their closure.

Show Cause Notices

• On 08.12.2021, the NCTE issued Memoranda to the petitioners alleging irregularities in the recognition of TEIs.

• The petitioners were asked to show cause why major penalty proceedings should not be initiated against them.

• The allegations arose from the inspection process undertaken during 2007-08, pursuant to which recognition/approval was granted to the TEIs.

L

... Upgrade to a Premium Plan to view the full judgment.