The main legal point established in the judgment is the proper classification and jurisdiction for hearing contempt cases under the Contempt of Courts Act.

Ramesh Kumar Datta, J.

Heard learned counsel for the appellant in the Appeal, learned counsel for the University and respondent no.4 therein as also learned counsel for the parties in the Original Criminal Miscellaneous case.

2. The appeal has been filed by the appellant being aggrieved by the order dated 20.03.2013 passed in M.J.C. No. 2747 of 2012 (contempt) by which the opposite parties including the appellant have been directed to file show cause as to why they should not be punished for contempt as their earlier show cause was rejected.

3. The Original Criminal Miscellaneous Case has been registered on the directions issued by the aforesaid order dated 20.03.2013 to the office to register original criminal miscellaneous in the matter against opposite party nos. 2 to 4 of the aforesaid contempt application.

4. The respondent no. 4 in the appeal had filed C.W.J.C. No. 19146 of 2011 in which the appellant was also respondent no. 4. The origin of the dispute is with regard to the continuance of the respondent no. 4 in the writ petition as Head of Department of Zoology and Dean of Magadh University. The contention of the writ petitioner was that the respondent no. 4 was notified to work as Head of Department by virtue of notification issued on 31.03.2008 and he was also appointed and notified as a Dean vide notification dated 23.08.2009; however, he could not hold the office beyond three years on the post of Head of Department and beyond two years on the post of Dean from the date of the respective notifications.

5. The learned Single Judge vide order dated 19.03.2012 allowed the writ petition holding that the tenure has to be calculated from the date of the notification made in favour of the person and can never be extended or to be added merely because there may be periods of interruption when a person was prevented from working as such and accordingly, held that continuance of the respondent no. 4 (appellant herein) on the two posts effective from the next date i.e. 20th March, 2012 shall cease. Another direction was issued to the Vice-Chancellor to take a fresh decision.

6. Respondent no. 4 to the writ petition thereafter filed a contempt application being M.J.C. No. 2747 of 2012 alleging that the contemnors were guilty of wilful violation of the aforesaid order passed in the writ petition and praying to convict and punish them in accordance with the provisions of Contempt Of Courts Act read with Article 215 of the Constitution of India. Thereafter, the appellant and others were directed by order dated 06.02.2013 in the said M.J.C. to file their show causes within four weeks. When the matter was taken up on 20.03.2013, the learned Single passed the following order:-

“Prima facie the OPs are in contempt from the material which has already been brought on record and the unsatisfactory show-cause, which has been filed on behalf of the Opposite Party No. 2 and 3.

The OPs are directed to file a show-cause as to why they should not be punished for contempt, as their earlier show-cause is hereby rejected.

Office will register original criminal miscellaneous in the matter against O.P. Nos. 2 to 4.”

7. Aggrieved by the aforesaid order, the appellant has filed the present appeal under Section 19(1) of the Contempt of Courts Act. The office in terms of the order dated 20.03.2013 passed by the learned Single Judge has registered Original Criminal Miscellaneous No. 2 of 2013.

8. Section 2 (a) (b) & (c) of the Contempt of Courts Act, 1971 is in the following terms :-

2. Definitions. - In this Act, unless the context otherwise requires,

(a) “contempt of Court” means civil contempt or criminal contempt;

(b) “civil contempt” means wilful disobedience to any judgment, decree, direction, order, writ or other process of a Court or wilful breach of an undertaking given to a court;

(c) “criminal contempt” means the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of