Attempting to coerce a litigant to withdraw or not to proceed with a suit amounts to contempt of court.

H.Mahapatra, J.

1. A rule was issued by this Court to opposite party Pratap Narain Sinha, who happens to be the Secretary of the Town Higher Secondary School, Monghyr, to show cause why he should not be committed for contempt of Court for having written a letter to Yogeshwar Prasad Sinha paying that he had filed a suit against the Committee (Managing Committee) without obtaining prior permission for the same, which amounted to insubordination and wilful disregard for authorities decision and asking him to show cause within a week from the date of the receipt of that letter as to why his service should not be dispensed with.

The rule was issued on an application made by Yogeshwar Prasad Sinha in this Court on the 1st of April, 1963, against Pratap Narain Sinha and five others, who were exempted from the rule. The contemner has showed cause and has appeared personally in Court. Before the hearing of the rule was taken up, learned counsel appearing for the contemner tendered unqualified apology on behalf of his client for acceptance of the Court, regretting the writing of the letter in issue. Learned counsel for the petitioner, however, urged that the act committed by the contemner was of a gross nature and amounted to serious contempt of Court in the circumstances which he brought to our notice.

He stated that the petitioner was appointed as a teacher in 1946 on a monthly salary of Rs. 60.00 per month. At that time he was a graduate having a diploma-in-education and he had passed the examination in Sahitya Visharad. In 1957 he took degree of Master of Arts in Hindi. The High School was upgraded into a Higher Secondary School in 1958 in consequence of which, and in view of his additional qualification, he was placed in the scale of Rs. 150-250 by a resolution of the Managing Committee passed on the 23rd April, 1960, and the increment was to be given effect from the Ist of April of that year. This step was taken, it was submitted, in pursuance of a circular from the State Government, being No. 1990 of the 21st May, 1959. In spite of that resolution, the petitioner was not paid the increased salary and the matter was brought to the notice of the District Education Officer, who disapproved the resolution of the Managing Committee in this regard by his order passed on the 23rd of April, 1960.

The petitioner took an appeal against that to the Regional Deputy Director of Education, Bhagalpur, and succeeded in getting his support for the increased scale of pay. Orders were passed by that Officer on the 12th June, 1961. The Secretary of the school (the contemner) was asked thereafter by the Sub-Divisional Education Officer to pay the petitioner his arrears of pay according to the increased scale, but no payment was actually made. The Director of Public Instructions, Bihar, was moved thereafter and the Secretary was again directed by him to pay the petitioner his legitimate dues. This was on the 18th September, 1961, yet no payment was made.

The petitioner had to institute a suit for recovery of his arrear salary in accordance with the increased scale of pay of Rs. 150-250 in the Court of the Subordinate Judge, Monghyr, on the Small Cause Court side, on the 15th September, 1962, against the contemner and six others. The contemner himself along with others entered appearance as defendants in that suit on the 20th December, 1962. The suit is still pending. On the 6th February, 1963, a notice in the form of a letter addressed to the petitioner Y.P. Singh, Assistant Teacher, was sent under the signature of the Secretary, who is the contemner before us. The letter reads as follows: "While the question of granting new scale of pay was under the consideration of the Department, you filed a suit against the Committee without obtaining prior permission for the same. This amounts to insubordination and wilful disregard, for authorities decision.

Your work and conduct during the last few months are quite reprehensible which have not only put