A Deputy Director of Computer is in contempt of court for disregarding the judicial directions of a Division Bench of the High Court.

Binod Kumar Roy and Dharmpal Sinha JJ.

1. As a Staff of this Court had nullified our judicial directions made repeatedly, we initiated these proceedings in Contempt invoking Article 215 of the Constitution of India, remembering that Halsbury in Laws of England, Third edition--Volume 8, defined--Any act done or writing published which is calculated to bring a court a Judge into Contempt or to lower his authority or to interfere with the due course of justice or the lawful process of the Court is a Contempt of Courts (quoted with approval in Thakur Jugal Kishore V/s. Sitamarhi C. C. Bank Ltd. -- ).

2. After the proclamation made by the Governor-General of India on 22-3-1912 constituting a separate province called Provinces of Bihar and Orissa governed by Governor-General-in-Council, pursuant to Sec. 113 of the Government of India Act, 1915 read with clause 1 of the Letters Patent, the High Court of Judicature at Patna i. e, to say this Court was erected ard established in 1916.

3. Sec. 108 (1) of the Government of India Act, 1915 runs as follows:

Each High Court may be its own rules provide, as it thinks fit, for the exercise, by one or more Judges, or by division courts constituted by two or more Judges, of the High Court, of the Original and Appellate Jurisdiction vested in the Court.

4. The draft rules of this Court were prepared and considered passed and directed to be published by the proceedings of a Full Court meeting held on the Ist of March, 1916.

5. Proviso (c) rule 1 (xv) of Part I Chapter II of the Rules of this Court reads thus: "Any application in suit, appeal or other proceeding which is pending before a Bench shall be presented to that Bench.

6. This rule clearly recognises the inherent powers of any Bench to entertain motions in regard to the matters which are pending before that Bench.

7. Rule 10 of Chapter II of the Rules of the High Court runs as follows:

10. Save as provided by Law or by these rules or by an order of the Chief Justice every other case shall be heard by a Bench of two Judges.

8. Rule 10-A in Chapter II was added by another Full Court meeting, held on 31st March, 1916, which runs as follows:

Subject to the provisions of these rules, the Chief Justice shall direct what cases or class of cases shall be placed before each Judge or Bench.

9. A bare perusal of Rules 10 and 10-A aforementioned show that they put an express bar on the powers of the Hon ble the Chief Justice to do anything in regard to the pending matters before a Bench.

10. With the rise in the number of writ applications in this Court, since around sixties the previous Hon ble Chief Justices started allotting the cases Act/Subject-wise.

11. In view of the resolutions passed by the Chief Justices Conference, the Computer technology entered this Court which became fully operational during the tenure of our present Hon ble Chief Justice, who joined on 18th March, 1991. Re-arrangements were made for speedy disposal of writ cases pending For Admission before this Court by further feeding of floppies and getting computerised lists prepared. Different subjects were put under specified groups for taking up Admission of Constitutional cases by the specially constituted Benches by the Hon ble Chief Justice under Rule 10 A of Chapter II of the Rules of the Court. The Hon ble the Chief Justice by a notice dated 2-12-1991 had notified as follows: "(1) All matters repuired to be heard on priority basis or as a specially fixed mater must be mentioned before the Bench concerned and not any where else. (2) All matters shall come in the list on the basis of the date of filing, unless ordered otherwise by the particular Bench." Another notice dated 12-10-1991, which was reiterated on 19th October, 1992 was to the following effect: "It is directed ihat the cases should be mentioned for appropriate orders only before the Bench which has been assigned with the subject in the respect ve groups." The aforementioned notices were printed in the daily