B.N.KATJU, J. - (1.)IN our opinion it was rightly held in the case of Kuldeep Narain v. Mahendra Lai Jain, 1984 ACrR 374= 1984 AWC 653 that a person who moves the court for taking action for contempt of court has no right to file an appeal under Section 19 (1) (a) of the Contempt of Courts Act, 1971 before a Division Bench against the order of a Single Judge dismissing his application. This appeal is accordingly not maintainable.
(2.)LET our opinion be placed before the appropriate Bench for orders.
(3.)APPELLANT Ravi Saraswat filed an application under Section 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act) praying t - at Ram Chandra Maheswari. Secretary, Board of High School and Intermediate Education, Allahabad opposite -party No. 1 and Radhey Shyara Tripathi, Principal, Government Inter College, Allahabad opposite -party No. 2 be punished for committing civil contempt by wilfully disobeying the order of this Court dated 9th August, 1984 passed in Writ Petition No. nil of 1984 Ravi Saraswat v. Board of High School and Intermediate Education U. P. through its Secretary. Notice was issued to opposite party No. 1 only and a charge was framed against him by a learned Single Judge on 23rd August, 1984. Opposite -party No. 1 thereafter filed his counter -affidavit and the learned Single Judge subsequently dismissed the application by bis older dated 11th October. 1984 and discharged the notice issued to opposite -party No. I. The appellant thereafter filed this appeal under Section 19 (1) of the Act against the aforesaid order of the learned Single Judge dated 11th October, 1984 before a Division Bench, it was reported by the Stamp Reporter that the appeal under Section 19 (1) of the Act was not maintainable in view of the decision of this Court in Kuldeep Narain v. Mahendra Lai Jain (supra) in which it was held that an appeal under Section 19 (1) of the Act only lay against an order punishing a person for contempt of Court
Learned Counsel for the appellant contended before the Division Bench that the view taken by this court in the case of Kuldeep Narain v. Mahendra Lai Jain (supra) was erroneous and the Division Bench by its order dated 16th. December, 1984 held that the decision in the case of Kuldeep Narain v. Mahendra LaI Jain (supra) requires reconsideration. That is how this appeal has come up before us and the question we are required to determine is whether it is maintainable under Section 19 (1) (a) of the Act. Section 19 (1) (a) of the Act is as follows :

"19. Appeals. (1) An appeal shall lie as of right from any order or decision of High Court in the exercise of its jurisdiction to punish for contempt - (a) where the order or decision is that of a single judge, to a Bench of not less than two Judges of the court;