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1997 Supreme(Cal) 212

High Court Of Calcutta
S. B. SINHA, BASUDEVA PANIGRAHI
MAHANANDA BANERJEE - Appellant
Versus
HONble HASIM ABDUL HALIM, SPEAKER, WEST BENGAL LEGISLATIVE ASSEMBLY - Respondent
C. R.  2031  Of  1996
Decided On : 05/20/1997

Advocates Appeared:
MAHANANDA BANERJI, NARANARAYAN GUPTA, SUMAN GHOSH

The court's jurisdiction in a contempt matter is limited to wilful disobedience of the court's order.

Headnote:

Contempt of Courts Act - The court's jurisdiction in a contempt matter is limited to wilful disobedience of the court's order. Compliance with the court's order and the availability of other remedies, such as filing a separate writ application, can bar a contempt application.

Fact of the Case:

The appellant, an Assistant Secretary in the West Bengal Legislative Assembly, claimed that he was superseded in violation of the conditions of service, resulting in the deprivation of successive promotions. The appellant questioned a notification giving the Hon'ble Speaker the exclusive power to select personal assistants or assistants to act as his Private Secretary. The Trial Judge dismissed the writ application, and the Appeal Court held that the amendments to the Recruitment Rules of the Assembly Secretariat were not illegal. The Appeal Court also stated that the appellant was entitled to all benefits in the post of Assistant Secretary. A review application was filed, but later withdrawn. The alleged contemnor then directed the Secretary of the Legislative Assembly to examine the pay scale of the juniors to the appellant and refix the appellant's pay scale accordingly. The alleged contemnor complied with the order. The appellant filed a contempt application, claiming that the alleged contemnor did not consider the questions raised during the personal hearing and that the order obtained was fraudulent. The court held that the jurisdiction of the court in a contempt matter is limited to wilful disobedience of the court's order. The court also held that the alleged contemnor had complied with the court's order and that the matter had already been questioned in a separate writ application. The court dismissed the contempt application.

Finding of the Court:

The court held that the jurisdiction of the court in a contempt matter is limited to wilful disobedience of the court's order. The court also held that the alleged contemnor had complied with the court's order and that the matter had already been questioned in a separate writ application. The court dismissed the contempt application.

Ratio Decidendi: The court's jurisdiction in a contempt matter is limited to wilful disobedience of the court's order. Compliance with the court's order and the availability of other remedies, such as filing a separate writ application, can bar a contempt application.

Result: The court dismissed the contempt application.

SATYABRATA SINHA, J.

( 1 ) THIS contempt application arises out of a judgment of a Division Bench comprising of G. N. Roy, J. (As His Lordship then was) and S. K. Hajari, J. passed in F. M. A. No. 197 of 1990.

( 2 ) THE said appeal was directed against the judgment dated 4th April, 1984 passed by a learned single Judge of this Court in C. R. No. 6164 (W) of 1981 dismissing the writ application of the petitioner.

( 3 ) THE fact of the matter is not much in dispute.

( 4 ) THE appellant was Assistant Secretary in the Secretariat of the West Bengal Legislative Assembly. According to him, he was superseded in violation of the conditions of service, as a result whereof he was deprived of successive promotion to a higher post. The petitioner questioned a notification whereby the Hon'ble Speaker of the Legislative Assembly was given the exclusive power to select any one from amongst his personal assistants of stenographers or Upper Division or Lower Division Assistant to act as his Private Secretary.

( 5 ) THE learned Trial Judge dismissed the writ application. The appeal court also held that there is no illegality in the amendments effected on the Recruitment Rules of the Assembly Secretariat laying down essential qualification for the post of Deputy Secretary.

( 6 ) THE petitioner appearing in person before the Appeal Court very fairly stated that be is not interested in demotion or cancellation of appointments made in the post of Deputy Secretary and upward though made illegally superseding him but a proper pro forma fixation and his appointment to promotional post should be made. The Appeal Court held that the amendments effected in Recruitment Rules of the Assembly Secretariat cannot be held to be illegal and invalid. It, therefore, cannot be held that the appellant was improperly by passed by such appointments to the post of Deputy Secretary and other superior post for which any direction for pro forma fixation of seniority, scales of pay etc. and for appointment to promotional post by creating a supernumerary post, if necessary, need be made. The appellant had contended that he has also been deprived of the proper scale of pay, increments etc. in his post of Assistant Secretary which he was thence holding. It was observed :-"there is no manner of doubt that the appellant is entitled to all the benefit in the post of Assistant Secretary including increments etc. It appears to us that the appellant is a very senior employee in the Assembly Secretariat and has rendered long useful service in the secretariat. It is only desirable that no injustice is noted (sic) (meted) out to him in the post of Assistant Secretary since held by him. We reasonably expect that the Hon'ble Speaker of the Assembly will review the case of the appellant, if necessary, by giving him a personal hearing and try to redress the grievances of the appellant as far as practicable because we are confident that if proper attention of the Hon'ble Speaker is drawn to any Secretariat or unmerited hardship is suffered by such officer, the Hon'ble Speaker will explore ways and means to give appropriate relief to such officer of his Secretariat. This appeal is accordingly disposed of. There will be no order as to costs. "

( 7 ) A review application was filed before S. K. Hajari, J. as in the meantime G. N. Roy, J. was elevated. When the effect of the judgment was explained, the petitioner submitted that he may be allowed to withdraw the said application for the present as he expected that the hearing before the Hon'ble Speaker will be made at an early date. Mr. Kundu, the learned Counsel appearing on behalf of the respondents therein submitted that the Hon'ble Speaker is also ready and willing to dispose of the matter at an early date in terms of the order passed by the Division Bench and his client had the least intention to harass the petitioner in any manner whatsoever. In that view of the matter the prayer of the petitioner was allowed and the review applicat

























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