High Court Of Calcutta
ARUN KUMAR DUTTA, VIDYA NAND
SUNIL KUMAR GHOSH - Appellant
Versus
STATE OF WEST BENGAL - Respondent
CRI. 213 Of 1994
Decided On : 02/03/1995
CONTEMPT OF COURT - Failure to Comply with Court Order - Consequential Directions - Sentence.
Fact of the Case:
The petitioner filed a contempt application against the Director of Rationing, West Bengal, for willful and deliberate non-compliance with the directions given by the Court in a previous judgment. The Court had directed the Director to allow the petitioner to run a separate Ration Shop in the premises in question within two months.
Finding of the Court:
The Court found that the Director had failed to comply with the directions given in the previous judgment without obtaining any Stay Order or seeking for extension of time. The Court also found that the Director had not informed the petitioner about the formalities required to be complied with for implementation of the Court's Order.
Issues: 1. Whether the Director was guilty of contempt of Court for failing to comply with the Court's Order? 2. Whether the Court could issue necessary further and consequential directions for enforcing its Order in a Contempt Application?
Ratio Decidendi: 1. The Court held that the Director was guilty of contempt of Court for failing to comply with the Court's Order without obtaining any Stay Order or seeking for extension of time. The Court also held that the Director had deliberately and willfully failed to inform the petitioner about the formalities required to be complied with for implementation of the Court's Order with a view to frustrate and/or delay the implementation of the Court's Order. 2. The Court held that it was competent to issue necessary further and consequential directions for enforcing its Order in a Contempt Application.
Final Decision: The Court sentenced the Director to pay a fine of Rs. 2,000/- (Rupees two thousand) only. The Court also directed the Director to comply with the directions given in the previous judgment within three weeks.
( 1 ) THIS is a contempt application by the petitioner Sunil Kumar Ghosh against the opposite-party-contemner, Shri Ashoke Santra, The Director of Rationing, West Bengal, (hereinafter REFERRED TO as the opposite party) for appropriate orders for his (latter's) willful and deliberate noncompliance of the directions given by this Court in the Judgment and order dated 19/07/1993 in F. M. A. T. Nos. 619-20 of 1992 on the allegations made therein. We had already heard the submissions of the learned Advocates for both sides at length.
( 2 ) UPON perusal of the record we find that the aforesaid two appeals had been disposed of by the Judgment and order dated 19/07/1993 "by directing the Director of Rationing to make appropriate orders/appointment/s allowing the said two brothers to run two separate Ration Shops in the premises in question within their respective allotted portions in the manner indicated above, on their complying with the requisite formalities therefore, if so required. Such order/appointment has to be made by the Director of Rationing within two months from this date.
( 3 ) WHILE disposing of the aforesaid two relevant appeals and issuing the aforesaid direction it had been observed in the said judgment as follows :-"the Director, who was directed to appear before us, had submitted that there would be some administrative inconvenience in allowing the two brothers to run two separate Ration Shops with the existing units in the locality. But that does not seem to us to be an insurmountable hurdle. We find from the materials on record that there are a number of Ration Shops, being A. R. Shop Nos. 256, 541 and 761 within sub-area Barangore, having much less than 2,000 units each. When the Rationing Authority could have allowed those Ration Shops to run with much less than 2,000 units, there should not be any difficulty on the part of the Director to allow the two brothers to run two separate Ration Shops within the same premises in their respective allotted portions, by appointing them separately therefore, instead of jointly, the say he did, numbering and/or sub-numbering the two shops separately, by dividing splitting up the existing units of more than 4,000 units of the A. R. Shop in question between the two brothers, as equally and equitably as possible, so that the two brothers may get more than 2,000 units each, without any further addition thereto, which could neither possibly give cause for any complaint from any quarter. Such an arrangement would neither be in any way inconvenient and/or prejudicial to the rationees, but might be beneficial to them as they might be in a position to get better service from each shop with lesser number of units under them. The distribution system might thereby be better managed to the convenience of the Rationees. Should the Director of Rationing feel any administrative difficulty in making arrangement in the above manner, he could very well do so in terms of the order of the Court to that effect. "
( 4 ) THE relevant two appeals had thus been heard and disposed of in presence of the opposite-party Director of Rationing. A xerox copy of the Judgment further appears to have been sent to him by the learned Advocate for the petitioner by letter dated 28-7-93, which was duly received by his office on due acknowledgement, as appearing from Annexure 'c' to the instant application. The opposite-party was to make order/appointment in terms thereof within two months from the date thereof.
( 5 ) IT appears from the record that two special leave petitions were moved on behalf of the State of West Bengal and Ors. against the aforesaid Judgment and order dated 19/07/1993 (in the aforesaid F. M. A. T. Nos. 619-20 of 1992) before the Supreme Court which were rejected by the Court by Orders dated 29-10-93 and 16-11-93 respectively. The relevant Judgment and Order of this Court (dated 19/07/1993) stood final and absolute as such. But even thereafter the opposite-party does
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