IMPORTANT POINT
Contempt jurisdiction cannot alter original orders; compliance with amended transfer rules is mandatory for single teachers.

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 shall continue to process the petitioner’s application in terms of the amended Rules of 2015. The petitioner shall apply afresh if necessary only to modify the original choice of schools, if vacancies opted for earlier have been filled up in the meantime.

The respondent authorities shall process the petitioner’s application within the time framed stipulated under the Notification dated 21.12.2021.

Upon the transfer of the petitioner, the SSC in consultation with the concerned D.I. of Schools shall arrange to appoint a teacher in the vacancy created.”

4. Subsequently, a contempt application was filed being CPAN 1105 of 2022 alleging that despite the aforesaid directions having passed, the Authorities have not adhered to the mandate so give in flagrant violation thereof and, therefore, should be punished under the Contempt of Courts Act.

5. In pursuit of a final decision to be taken in the said contempt application, a direction was passed upon the District Inspector of Schools (SE), Malda to remain personally present in Court and to apprise as to why he should not be suitably dealt with having violated the solemn order of the Court. The said Authority informed the Court that he has taken steps by issuing a communication to all the schools within its territorial jurisdiction to replace the petitioner but no response has since been received. On the basis of the aforesaid stand taken by the said Authority, the Single Bench held that there is no case for contempt and proceeded further to direct the said Authority to make efforts to trace out the replacement and shall send the reminders fortnightly. The matter did not set at rest. The second contempt application being CPAN 331 of 2023 was taken out alleging that the application, which was directed to be processed within the time stipulated in the Notification dated 21.12.2021, has been flouted and, therefore, the alleged contemnor should be held guilty of the contempt. By the impugned order, the said 2nd contempt application is dismissed in the following manner:

“1. CPAN 331 of 2023 is the second contempt application. The earlier contempt application being CPAN 1105 of 2022 was disposed of on February 3, 2023. The District Inspector of Schools (SE), Malda was directed to continue make efforts to trace out the replacement of the petitioner.

2. The second contempt application being CPAN 331 of 2023 is filed according to Mr. Shamim ul Bari, learned counsel for the petitioner on the direction contained in the first paragraph of the second page of the order dated August 25, 2022 passed in WPA 9176 of 2022.

3. This Court is of the consistent view that the school cannot be left without a teacher. The question of transferring the petitioner first and seeking replacement later, cannot and does not arise.

4. In view of th