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SUPREME COURT OF INDIA
S. RAVINDRA BHAT, DIPANKAR DATTA, JJ.
Snehasis Giri and Ors. - Appellants
Versus
Subhasis Mitra - Respondent
Contempt Petition (Civil) No. 352 of 2022 In Civil Appeal No. 5808 of 2017 With Conmt. Pet. (C) No. 513 of 2022; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 26444 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 26491 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 26494 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 28769 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 31083 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 31438 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 30666 of 2022]; Conmt. Pet. (C) _____of 2023 [@Diary No(s). 30680 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 26487 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 26469 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 26467 of 2022]; Conmt. Pet. (C) No. 514 of 2022; Conmt. Pet. (C) No. 515 of 2022; Conmt. Pet. (C) No. 498 of 2022; Conmt. Pet. (C) No. 516 of 2022; Conmt. Pet. (C) No. 517 of 2022; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 26462 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 26464 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 30663 of 2022]; Conmt. Pet. (C)_____ of 2023 [@Diary No(s). 31670 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 31780 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 32494 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 32497 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 32506 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 32511 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 33710 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 33736 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 34013 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 34060 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 34065 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 34253 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 34296 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 34340 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 32500 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 32502 of 2022]; Conmt. Pet. (C) No. 353 of 2022; Conmt. Pet. (C) No. 354 of 2022; Conmt. Pet. (C) No. 355 of 2022; Conmt. Pet. (C) No. 364 of 2022; Conmt. Pet. (C) No. 365 of 2022; Conmt. Pet. (C) No. 366 of 2022; Conmt. Pet. (C) No. 367 of 2022; Conmt. Pet. (C) No. 368 of 2022; Conmt. Pet. (C) No. 369 of 2022; Conmt. Pet. (C) No. 370 of 2022; Conmt. Pet. (C) No. 371 of 2022; Conmt. Pet. (C) No. 372 of 2022; Conmt. Pet. (C) No. 373 of 2022; Conmt. Pet. (C) No. 374 of 2022; Conmt. Pet. (C) No. 494 of 2022; Conmt. Pet. (C) No. 512 of 2022; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 31442 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 31472 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 31569 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 31622 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 31674 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 32505 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 39408 of 2022]; Conmt. Pet. (C) No. 360 of 2022; Conmt. Pet. (C) No. 361 of 2022; Conmt. Pet. (C) No. 362 of 2022; Conmt. Pet. (C) No. 363 of 2022; Conmt. Pet. (C) No. 375 of 2022; Conmt. Pet. (C) No. 376 of 2022; Conmt. Pet. (C) No. 377 of 2022; Conmt. Pet. (C) No. 503 of 2022; Conmt. Pet. (C) No. 504 of 2022; Conmt. Pet. (C) No. 505 of 2022; Conmt. Pet. (C) No. 506 of 2022; Conmt. Pet. (C) No. 507 of 2022; Conmt. Pet. (C) No. 508 of 2022; Conmt. Pet. (C) No. 509 of 2022; Conmt. Pet. (C) No. 378 of 2022; Conmt. Pet. (C) No. 379 of 2022; Conmt. Pet. (C) No. 380 of 2022; Conmt. Pet. (C) No. 495 of 2022; Conmt. Pet. (C) No. 496 of 2022; Conmt. Pet. (C) No. 497 of 2022; Conmt. Pet. (C) No. 499 of 2022; Conmt. Pet. (C) No. 500 of 2022; Conmt. Pet. (C) No. 501 of 2022; Conmt. Pet. (C) No. 502 of 2022; Conmt. Pet. (C) No. 510 of 2022; Conmt. Pet. (C) No. 511 of 2022; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 40504 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 42287 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 35108 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 35111 of 2022]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 557 of 2023]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 811 of 2023]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 1615 of 2023]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 3030 of 2023]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 3235 of 2023]; Conmt. Pet. (C) _____ of 2023 [@Diary No(s). 3480 of 2023]; Civil Appeal No._____ of 2023 [@SLP (C) No. 3352 of 2021]
Decided On : 02-02-2023
JUDGMENT :
S. Ravindra Bhat, J.
1. Leave granted in SLP(C) No. 3352 of 2021. Permission to file Contempt Petitions in Civil Appeal No. 5808/2017 is granted. These are taken along with the remaining above-mentioned Contempt Petitions.
2. This order will dispose of several contempt petitions which complained of willful and deliberate violation of judgment of this Court in Shaikh Md. Rafique v. Managing Committee, Conti Rahamania High Madrasah & Ors., 2020 (6) SCC 689. This court had to consider the correctness of the view expressed by the Calcutta High Court which held that some provisions of the West Bengal Madrasa Service Commission Act, 2008 (hereafter, "the Act") was unconstitutional. Those provisions regulated the process of appointment of teachers in aided Madrasas which were recognized as minority institutions. This court recorded its finding that the provisions in question, i.e., Sections 8, 10, 11 & 12 of the Act were valid and constitutional. At the same time the court was conscious that some appointments were made by the madrasas during the pendency of the appeals and held as follows :
“58. In the end, we declare all nominations made by the Commission in pursuance of the provisions of the Commission Act to be valid and operative. However, if after the disposal of the matters by the High Court any appointments are made by the concerned Madarshas, such appointments of teachers shall be deemed to be valid for all purposes. But the Commission shall hereafter be competent to select and nominate teachers to various Madarshas in accordance with the provisions of the Commission Act and the Rules framed thereunder.”
3. All the petitioners argued that even during the pendency of the proceedings in appeal, contempt proceedings had been drawn seeking release of salaries of teachers who were appointed after the provisions of the Act were declared unconstitutional by the High Court. The petitioners advert to interim orders dated 10.05.2016, 01.08.2016, 17.05.2018, directing that those recruited or working during the pendency of the proceedings ought to be paid salary. It is argued that the effect of the judgement is that even while upholding the provisions of the Act, the court at the same time protected the recruitment of the petitioners. In these circumstances, denial of the benefit of regular service to them on one pretext or the other by the respondent contemnors amounts to deliberate and willful disregard of the Act, and calls for appropriate stringent action.
4. After notice was issued in this contempt proceedings and considering the submissions of the parties, this Court had on 12.07.2022 directed the respondents (alleged contemnors) to consider and verify the claims of the petitioners to examine whether they were legal and valid and release appropriate amounts. The subsequent order of 23.02.2022 had observed that the terms of the final judgement of this court, especially para 58 disclosed that benefits were not confined and relief not granted only to the parties to the litigation but that the directions had the effect of in rem adjudication. The court therefore directed the respondent contemnors to verify from the record with respect to entitlement of all petitioners. The contempt petitioners in their response urged that there are express directions of this court to release salaries of the contempt petitioners without insisting on verifying genuineness of their claims of being teaching/non-teaching staff or having requisite qualifications as required by law. It is also pointed out that this Court was conscious that several appointments had been made which were either irregular or unsustainable having regard to the norms applicable. In this regard the respondent/alleged contemnors relied upon the order dated 07.05.2018 to submit that in that order, the court had unequivocally recorded that no equity would be created on the arrangements made in the stop gap arrangement which would be subject to the final orders in the civil appeals
AI
Contempt proceedings cannot determine individual claims without prior adjudication; the court's role is limited to assessing willful disobedience of specific orders.
In contempt proceedings, the court has limited jurisdiction and cannot adjudicate claims beyond compliance issues as defined in prior orders, reaffirming the need for independent adjudication in sepa....
Wilful disobedience, as an essential element of civil contempt, requires a high standard of proof beyond reasonable doubt and involves a mental element of intentional, conscious, and calculated condu....
Contempt Petition - Merely because an order or decree is executable, that would not take away Court’s jurisdiction to deal with a matter under Act of 1971 on satisfaction that there has been violatio....
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