Contempt jurisdiction cannot be used to modify or review previous judgments; it is limited to determining willful non-compliance with original orders.

JUDGMENT :

Prasenjit Biswas, J :

1. The appellant before this Court is aggrieved by an order dated 17th February, 2023 passed by the learned Single Bench of this Court in CPAN No. 1259 of 2022 arising out of WPA No. 5920 of 2022.

2. The appellant filed a contempt petition alleging that the respondents (herein) had not honored the direction passed by the learned Single Bench in WPA No. 5920 of 2022. The said application for contempt was disposed of by the learned Single Bench by passing the impugned order.

3. The only point involved in the present appeal is whether the learned Single Bench in exercising 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.

4. Being aggrieved and dissatisfied with the conduct of the respondents by returning/refusing the application of this appellant/petitioner made though ‘Utsashree Online Portal’ and also against refusing his subsequent application for not considering his prayer for general transfer to any school close to his residence. The petitioner preferred a writ petition being WPA 5920 of 2022 before the learned Single Bench of this Court. The said writ petition was disposed of by the Court observing and directing interalia that-

“The petitioner is aggrieved that his application for transfer has been rejected on the ground that he is the only teacher (single teacher) for the subject being taught in the concerned School. The single teacher bar is no longer applicable in view of the amendment and clarification to the 2015 Rules, inter alia, on 3rd January, 2022. The petitioner’s application for transfer shall be processed afresh and forwarded by the Head of the Department to the District Inspector of Schools within a period of two weeks from the date of communication of a copy of this order. The notification dated 21st December, 2021 and the time frame stipulated therein shall be strictly followed by the respondents.

In view of the aforesaid order passed by the learned Single Bench the appellant/applicant made application afresh and the said application was duly forwarded by the School Authority to the District Inspector of Schools concern but it did not forward the application of this petitioner to the School Service Commission as per provisions of the Transfer Rules of 2015 and the notification dated 21st December 2021 within the time frame mentioned therein.

5. Finding no other way this appellant/petitioner took out an application for contempt being CPAN No. 1259 of 2022 by stating that the alleged contemnors have deliberately violated the direction as passed by the Hon’ble Single Bench and not complied with the said direction even after repeated pursuance on the part of the appellant and such action on the part of the alleged contemnors are contemptuous and apparent indication of willful violation of the direction passed by the learned Single Bench in WPA No. 5920 of 2022. The said contempt application filed by the appellant/petitioner was disposed of by the learned Single Bench by passing the impugned order on 17.02.2023 by observing interalia that-

“The unilateral transfer of a teacher, albeit not coming under the 2015 Rules without making a local arrangement to replace him/her, would cause immense hardship and prejudice to the students in question.

In the above circumstances, while it is indeed true that the 2015 Rules requiring local arrangement, cannot be strictly applied to the petitioner, the conduct of the District Inspector of Schools in attempting to look for a teacher in place and stead of the petitioner cannot seriously be faulted.

In the above circumstances, this Court is of the view that the action of the District Inspector of Schools, being in the interest of the students on the school, must be approved by this Court.

The District Inspector of Schools shall continue to make efforts to look for a replacement teacher, as he has already done. If such replac