In a Contempt Application, the Court is competent to issue necessary further and consequential directions for enforcing its order.

Arun Kumar Dntta, J:

1. This is an Application by the Petitioner under the Contempt of Courts Act, 1971 against the Opposite-Parties for deliberate and intentional violation of the orders dated 25th March, 1991 and 10th January, 1992 passed by Mahitosh Majumdar, J., since deceased, as His Lordship then was, in C.O. No. 3386 (W) of 1991, in the circumstances stated therein. On the said Application being filed before the Court on 3rd June, 1992, Ajit Kumar Sengupta, J., by his Order dated 1st September 1992 had directed the Opposite-party No.1, Mrs. Leena Chakraborty. Secretary, Department of Health and Family Welfare, Government of West Bengal, to be present in Court on 8th September, 1992 at 2 p.m. and explain as to why appropriate proceedings under the Contempt of Courts Act should not be drawn up against her for not complying with the aforesaid orders passed by this Court. The Learned Judge did not feel inclined to proceed against other Opposite-Parties in the Contempt Application. The Contempt Application is being opposed by the Opposite Party No. 1 by filing Affidavit-in-Opposition.

2. The facts, as are relevant for the present purpose, may shortly be set out as follows :-

The Petitioner, Dr. Subhash Chandra Pratihar, had passed the M.B.B.S. Examination from the Calcutta University with highest marks in the Final M.B.B.S. Examination in the year 1967. After a brief period of internship he had joined the Christian Medical College and Hospital, Vellore, as Senior House Surgeon in 1968 ; and had thereafter obtained M.S. from the Delhi University in the year 1972. His thesis covered the subject of Urology. He had thereafter worked as Registrar (Basis Teaching) in Surgery for two years in Safdarjang Hospital and had occasion to work as Tutor at the All India Institute of Medical Science for one year and eight months. He had thus completed three years eight months of Basic Teaching, and with the said experience of Basic Teaching had joined the West Bengal Health Services as Medical Officer in the year 1973. Even though the Petitioner was otherwise qualified to be appointed as Lecturer, he was not considered for the same for reasons best known to the Respondents. And, for such non-consideration of his case for appointment as Lecturer and subsequent promotion as Professor, he was superseded by persons who did not possess the qualifications and other attainments, which he had acquired.

3. Being aggrieved by the denial of opportunity of non-consideration of his candidature resulting in severe discrimination against him, he had moved a Writ Application before this Court praying, inter alia, for a Writ of or in the nature of Mandamus commanding the Respondents to appoint him to the post of Lecturer notionally with retrospective effect and to appoint him as Professor on and from the date Dr. B. P. Majhi and Dr. R. N. Basu had been recommended for the post of Professors.

4. On the filing of the said Writ Application the Court had passed an interim order on 25th March, 1991 in presence of the Learned Advocate for the Respondents therein, including the Opposite Party herein, to the effect that no decision adverse to the right of the Writ Petitioner shall be taken without the leave of the Court; and the Writ Petitioner shall be allowed the library facilities of IPGMER. Liberty was also given to the Respondents to apply for variation and/or modification of the said interim order upon notice to the Petitioner. But the liberty so granted had not been availed of by the Respondents.

5. Even though the said Writ Petition was contested by the State-Respondent, they had failed and neglected to file any Affidavit-in-opposition despite repeated directions of the Court, and the allegations of the Petitioner made in the Writ Application remained uncontroverted as such. On the failure of the Respondents to file any Affidavit-in-Opposition despite opportunities granted to them, the Court by order dated 10th January, 1992, after hearing the parties,