IMPORTANT POINT
The court highlighted the importance of establishing the elements of contempt and the need for explicit directions in the court order for considering contempt proceedings.

JUDGMENT :

Rajarshi Bharadwaj, J

1. The applicant/petitioner is seeking contempt proceedings against the contemnor for violation of the solemn order dated 14.08.2019 passed by the learned Single Judge in W.P.A No.6918(W) of 2019.

2. Before considering the submissions made by Learned Counsel appearing on behalf of the respective parties, the chronological dates and events leading up to the filing of this contempt petition are required to be referred to and considered, which are as under:

3. One Malay Roy herein the applicant/petitioner moved a writ petition bearing WPA No.6918(W) of 2019, for a direction upon the Chairman, Raiganj Municipality Uttar Dinajpur herein the respondent authority/ alleged contemnor to take steps in accordance with the law in respect of the applicant/petitioner’s representation dated 28th September, 2018 for disbursement of pensionary benefits as well as salary and other admissible dues of the petitioner’s wife who was a teacher in a school run by the respondent authorities.

4. WPA No. 6918(W) of 2019 was, thus, disposed of on 14th August, 2019 by observing that the respondent/ alleged contemnor shall take a decision in accordance with law in respect of the petitioner’s representation expeditiously and positively within six weeks from date of communication of the order after giving an opportunity of hearing to the applicant and thereafter communicate the decision within one week. It was further instructed that if in the course of hearing it is found that the applicant is entitled to enjoy family pension and other admissible dues such as the arrear salary then steps must be taken for disbursement of those dues to the petitioner within two weeks.

5. Subsequently, the apparent indolence of the alleged contemnor to take notice of the applicant’s representation for payment of pensionary benefits and outstanding legal entitlements occasioned an application for contempt in C.P.A.N No. 318 of 2020 for deliberately and willfully violating the said order dated 14th January, 2019 passed by the learned Single Judge in W.P.A No. 6918(W) of 2019. Being prima facie satisfied that a case of contempt had been made out; the Court issued a Rule of Contempt asking the contemnor to duly appear before the Court on 30th August, 2022 thereby giving rise to WPCRC No.144 of 2022.

6. Contempt application is heard on merit.

7. It is argued by Learned Counsel for the applicant/petitioner is that the respondent has exercised fraud upon the Court by intentionally changing his stand from time to time to deprive the applicant’s statutory benefit including the amount of gratuity and the arrear of outstanding salary. In the absence of service book of the deceased employee, a pre-conceived conclusion that the deceased was an employee of non-function category, not entitled to death gratuity and family pension is open to question. Missing of a service book of an employee cannot be used as a tool for non-payment of outstanding statutory dues; the payment of unpaid salary has no relation with the payment of the outstanding statutory dues that have fallen due to be paid upon death of the applicant’s wife.

8. It is further submitted that on receiving letter from the respondent dated 19th September, 2022, the applicant gave a reply by indicating that neither disbursement amount of the deceased’s retiral benefits were provided nor acknowledgment with regard to fixation and payment of family pension has been made. Only bank account details were sought for. Relevant documents such as death certificate and joining report of deceased employee, age proof documents, Aadhaar card of all the legal heirs of the deceased for laying out of her retrial/death benefits and pending salary amount has been submitted by the applicant.

9. The Learned Counsel for the respondent, at the outset, submits that the respondent maintains highest reverence and obedience towards the Hon’ble Court and that an error had occurred on his part, in understanding the true spirit behind the