2011 Supreme(Gau) 826
IN THE HIGH COURT OF GAUHATI (AGARTALA BENCH)
C.R. Sarma, J.
The Managing Committee of New Hindi Secondary School represented by its Secretary Sri Lalbabu Ray
Vs.
Sri Hiralal Chakraborty, Director of School Education and Sri K.R. Majumder, Inspector of Schools
Cont. Cas (C) No. 11 of 2009
Decided On: 30.09.2011
For Appellant/Petitioner/Plaintiff: A.K. Bhowmik, Sr. Adv. and R. Datta, Adv.
For Respondents/Defendant: S. Deb, Sr. Adv. and N.C. Pal, Govt. Adv.
Headnote:
Constitution of India ,1950 – Article 129 and 215 - Contempt of Courts Act, 1971 - Sections 12, 20 , 15, 17 and 19(1) - Limitation Act - Section 5 - Disobedience of the order aforesaid - Denying the allegation - Consequent upon grant of Grant-in-Aid status, scheme of Mid-Day-Meal was introduced in said school - However, even after bringing said school under Grant-in-Aid scheme, salaries in higher scale as well as arrear salary were not given to teachers and staff of said school - Therefore, Sri others, being members of teaching and non-teaching staff of school, filed a writ petition, being before this Court, against State of Tripura and Director of School Education, Govt. of Tripura, seeking a direction for payment of higher pay and arrear salary to teaching as well as non-teaching staff of said school date from which school was brought under Grant-in-Aid scheme – Held, Contempt court cant hold a person guilty of not doing something, which is not directed by Court to be done - As observed in above cited cases, more particularly, in case of alleged contemner cant be compelled to do an act, in respect of which no relief has been granted by Court - Therefore, failure of Respondents to implement said Mid-Day-Meal Scheme, in absence of any specific direction from this Court in this regard, cant be treated as wilful disobedience or violation of order, aforesaid - Consequently, this contempt proceeding is closed
C.R. Sarma, J.
1. The Managing Committee of the New Hindi Secondary School, Khajurbagan, Goalabasti, Agartala (hereinafter called 'the School'), has moved this contempt petition, under Section 12 of the Contempt of Courts Act, 1971, for drawing up a contempt proceeding and awarding punishment to Sri Hiralal Chakraborty (since retired), Director of School Education ('Grant-in-Aid' Section), Govt. of Tripura, Agartala, West Tripura and Sri K.R. Majumder, Inspector of Schools, Sadar, Agartala, West Tripura, for their wilful disobedience of the order, dated 24.02.2009, passed by this Court in C.M. Appl.(W.P.) No. 25/2009, in W.P.(C) No. 360/2008.
2. On receipt of the said petition, this Court, by order, dated 08.05.2009, issued notice, calling upon the Respondents aforesaid to show cause as to why a contempt proceeding should not be initiated against them. Accordingly, the Respondents have submitted their written objections, denying the allegation of wilful disobedience of the order aforesaid.
3. I have heard Mr. A.K. Bhowmik, learned senior counsel, assisted by Mr. R. Datta, learned Counsel, appearing for the Petitioner. Also heard Mr. S. Deb, learned senior counsel, assisted by Mr. N.C. Pal, learned Govt. Advocate, appearing for the Respondents.
4. By its order, dated 16.04.2007, the Govt. of Tripura, Education (School) Department, brought the said school under the 'Grant-in-Aid' Scheme under Education (School) Department w.e.f. 1st April, 2007. Consequent upon grant of 'Grant-in-Aid' status, the scheme of 'Mid-Day-Meal' was introduced in the said school. However, even after bringing the said school under the 'Grant-in-Aid' scheme, salaries in higher scale as well as arrear salary were not given to the teachers and the staff of the said school. Therefore, Sri Amiya Sinha and 28 others, being the members of the teaching and the non-teaching staff of the school, filed a writ petition, being W.P.(C) No. 360/2008, before this Court, against the State of Tripura and the Director of School Education, Govt. of Tripura, seeking a direction for payment of higher pay and arrear salary to the teaching as well as non-teaching staff of the said school w.e.f. 01.04.2007 i.e. the date from which the school was brought under the 'Grant-in-Aid' scheme.
5. During pendency of the said writ petition, the Govt. of Tripura, in the Directorate of School Education ('Grant-in-Aid' Section), by issuing notification, dated 17.12.2008, had withdrawn the 'Grant-in-Aid' status w.e.f. 1st April, 2007, on the ground that the management of the school had failed to comply with the standard conditions, stipulated in the notification and in the 'Grant-in-Aid' Rules, 2005 (hereinafter called 'the Rules, 2005') and, thus, the notification, dated 16.04.2007 aforesaid, was cancelled.
6. Aggrieved by the said cancellation, the writ Petitioners filed an application, being C.M. Appl.(W.P.) No. 25/2009, in W.P.(C) No. 360/2008, seeking stay of operation of the impugned notification, dated 17.12.2008. This Court, by order, dated 24.02.2009 aforesaid, granted stay in respect of the operation of the impugned order, dated 17.12.2008, till disposal of the writ petition.
7. After the said stay order, dated 24.02.2009, the Petitioner, who was the proforma Respondent in the writ petition, by his letter, dated 02.03.2009, requested the Respondent No. 2 to immediately start the operation of Mid-Day-Meal Scheme in the primary section of the said school, but the Respondent No. 2, without complying with the direction, made in the order, dated 24.02.2009, passed by this Court, issued a letter to the Petitioner, on 17.03.2009, informing that, though implementation of Mid-day-Meal was mandatory in every Government/Government aided school, in view of the cancellation of the ''Grant-in-Aid'' status of the school, it was not possible to execute the programme. Therefore, in view of the failure of the Respondents, to implement the 'Mid-Day-Meal Scheme', despite the stay order, dated 24.02.20