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2024 Supreme(Cal) 1110

HARISH TANDON, SHAMPA DUTT (PAUL)
Rupak Mandal – Appellant
Versus
Sk. Hossain Ali – Respondent


Advocates Appeared:
For the Appellant : Mr. Shamim Ul Bari, Adv., Ms. Asmita Mitra, Adv.
For the Respondents: Mr. Bhaskar Prasad Vaisya, AGP, Mr. Ranjan Saha, Adv., Mr. Sourav Mitra, Adv., Mr. Sobhan Majumdar, Adv.

JUDGMENT :

(Harish Tandon, J.) :

1. The only point involved in the instant appeal is whether the Court in exercise of the contempt jurisdiction can pass an order, which runs counter to the spirit of the original order for which the allegation of the violation was pleaded in the contempt application.

2. The dispute originated in 2022 when an application for transfer filed by the appellant was sought to be kept in suspended animation on the ground that there is only a single teacher of the subject in the said school. The writ petition was disposed of on August 25, 2022, wherefrom it is revealed that the application for transfer was returned by the Respondent Authority on the ground that the appellant is the only teacher in the subject.

3. The Single Bench categorically observed that the single teacher bar is no longer a restriction after the amendment having brought into the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 and set aside the decision of the Authority in returning the said application for transfer. Apropos the aforesaid observation, the following directions were passed:

    “The respondent authorities shal

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