Deliberate and wilful disobedience of a court order amounts to contempt of court.

S.P. Talukdar, J.

1. CLAIMING absorption in the post of Residential Medical Officer and/or Medical Officer, Calcutta, Homeopathic Medical College and Hospital, and praying for quashing the order dated 11th June, 1998, the petitioner filed an application before the learned West Bengal Administrative Tribunal. Learned Tribunal by its judgment and order dated 7th May, 2001 passed in Case No. T.A. 341 of 1998 dismissed the application. Being aggrieved by and dissatisfied with the said judgment and order of dismissal, an application under Article 226 of the Constitution was filed. The Division Bench of this court by order dated 22nd February, 2005 disposed of the said application with direction upon the concerned authority to absorb the petitioner against next available vacancy in the post of Medical Officer in the Calcutta Homeopathic Medical College and Hospital. This court in the said case being WPST No. 803 of 2001 further held that the petitioner would be entitled to all consequential benefits.

2. ALLEGING inaction and deliberate negligence as well as wilful disobedience to the said order of the Division Bench, an application was filed under Contempt of Court Act.

In the application filed before the learned Tribunal, the petitioner claimed that he was recruited in the Calcutta Homeopathic Medical College and Hospital as Honorary Junior House Surgeon and Physician for a period from 15th October, 1981 to 8th May, 1982 and Honorary Senior House Surgeon and Physician for a period from 11th May, 1982 to 20th October, 1982. Thereafter he worked as Stipendiary Residential House Surgeon from 21st October, 1982 to 7th May, 1983. During such period the petitioner was enjoying stipend according to prescribed rate per month. Though appointed at a consolidated stipend, the respondents gave him promotion in the Cadre of Senior Residential House Surgeon. On 8th May, 1993, the respondent-authorities expressed their inability to keep petitioner in the said post. The petitioner submitted a representation before the authorities. There was no favourable response. Some of the Residential House Staff, thereafter, approached the High Court by filing a writ application being Civil Rule No.1455 (W) of 1986. The said application was disposed of with direction for making payment of salaries who were terminated from the post of Senior Residential House Surgeon. The Honble Court directed absorption of the petitioners as Medical Officers. But the respondent-authorities did not absorb the petitioner as Medical Officer despite being repeatedly approached. The authorities, thus, violated Article 14 and 16 of the Constitution. The petitioners legitimate claim for absorption was, thus, ignored.

3. THE Principal Secretary, Health and Family Welfare Department, Govt. of West Bengal by order dated 11th June, 1998 turned down the claim of the petitioner. Being aggrieved by such arbitrary decision on the part of the respondent-authorities, the petitioner approached the learned Tribunal for redressal of his grievances. The learned Tribunal however, dismissed the claim of the petitioner thereby compelling the petitioner to knock the doors of this court. Having regard to the fact that two other Medical Officers, practically on similar footing, were absorbed, the Division Bench of this court directed absorption of the petitioner as against next available vacancy. Alleging inaction on the part of the authorities and claiming that such authorities had willfully disobeyed the direction of this court, the petitioner approached this court with the instant contempt application seeking redressal of grievances. As against this, the alleged contemnors filed their respective Affidavit-in- Opposition claiming therein that there had been no disobedience of this courts order nor any deliberate negligence on their part.

4. THE petitioner by filing the contempt application alleged that the order of the Division Bench dated 22nd February, 2005 was duly communicated to the Assist