2000 Supreme(Jhk) 2
High Court Of Jharkhand
Judgename : M. H. S. ANSARI
ABU TAHER ALI - Appellant
Versus
SETA CHAND, CHAIRMAN, AD HOC COMMITTEE, MURSHIDABAD - Respondents
C. R. 15314 Of 1999
Decided On : 04/27/2000
Araful Haque, SANTI DAS
The judgment emphasizes the obligation to obey court orders and the consequences of wilful disobedience, as outlined in the Contempt of Courts Act, 1971, Section 2(b).
Headnote:
Contempt - Violation of Court Order - 2-9-98 - B. Ed. - Madhyamik Pariksha, Higher Secondary Examination, B. A. Examination, M. A. Examination - [Rule 27 of the writ rules] - [Contempt of Courts Act, 1971, Section 2(b)]
Fact of the Case:
The petitioner filed a writ petition to appear for an interview for the post of Primary School Teacher, alleging violation of a court order dated 2-9-98. The petitioner possessed B. Ed. qualification and other academic qualifications.
Finding of the Court:
The court found that the contemnor wilfully violated the court order by not allowing the petitioner to appear for the interview, despite clear directions in the order dated 2-9-98.
Issues: The main issue was whether there was a wilful and deliberate violation of the court order by the contemnor.
Ratio Decidendi: The court held that the contemnor's defense based on the Recruitment Rules did not constitute a valid ground for disobeying the court order. The contemnor was obligated to follow and implement the court order, and not to disobey it.
Final Decision: The court imposed a fine of Rs. 1,500 upon the contemnor for the violation of the court order dated 2nd September, 1998.
M. H. S. ANSARI, J.
( 1 ) THE instant contempt case is filed by the writ petitioner alleging wilful and deliberate violation of the order of this Court dated 2-9-98.
( 2 ) THE petitioner had filed the writ petition being W. P. No. 16703 (W) of 1998 for a direction inter alia, upon respondents therein to allow the petitioner to appear for the interview for the post of Primary School Teacher in the district of Murshidabad, and to consider the petitioners candidature as a trained candidate treating B. Ed. qualification of the petitioner as equivalent to Junior Basic Training. By way of interim relief injunction was prayed for restraining the respondent authorities from holding interview for the post of Primary School Teacher.
( 3 ) THE foundation for the aforesaid relief as set out in the writ petition is that the petitioner passed the Madhyamik Pariksha in 1978 and registered his name with the local employment exchange on 6-9-1978 and thereafter, the petitioner passed the Higher Secondary Examination and B. A. Examination which was incorporated as his qualification in the employment exchange. The petitioner thereafter passed M. A. Examination in 1990 and his card was transferred to the National Employment Exchange.
( 4 ) THE petitioner in the year 1981 passed B. Ed. examination from the University of North Bengal and secured 1st class. The said qualification was also included in his employment exchange card.
( 5 ) THE petitioners name was included in the list at serial No. 304 for being sponsored for the interview by the employment exchange and forwarded to the District Primary School Council, Murshidabad. Upon a writ petition filed by the petitioner, a direction was issued in the said writ petition by Justice N. K. Mitra (As his Lordship then was) directing the Chairman, Ad hoc Committee to allow the petitioner to appear before the Interview Board, this was by an order dated 24-9-97 and was duly communicated by the petitioner to the Chairman, Ad hoc Committee by his letter being Annexure c to the writ application. The petitioners name which had been sponsored by the employment exchange was directed to be treated as cancelled by the employment exchange concerned on certain grounds and thereafter by letter dated 30-6-1998, the employment exchange also informed the Chairman, Ad hoc Committee that the cancellation of petitioners name was withdrawn and name stands sponsored. Despite the efforts made by the petitioner, the petitioner was not issued any call letter and, therefore, he filed the writ petition being W. P. No. 17063 (W) of 1998.
( 6 ) IN the said writ petition, this Court by an order dated 2nd September, 1998 passed the following interim order :"in view of urgency of this writ petition Rule 27 of the writ rules is dispensed with. There shall be an interim direction to the respondents to permit the petitioner to appear before the Interview Board for the post of Primary School Teacher in the category of trained teachers. However, the result of the interview in so far as the petitioner is concerned shall not be published until further orders on this petition. The petitioner shall serve copy of the above writ petition upon all the respondents within two weeks from date and file affidavit of service. Let the matter be listed as listed Motion immediately after reopening of the Court after the long puja vacation. Let a plain copy of this order duly countersigned by an Assistant Registrar (Court) be handed over to the learned Advocate for the petitioner for the purpose of communication and compliance thereof. "
( 7 ) IN the instant application, it is alleged that the opposite party alleged contemner wilfully violated the above order dated 2-9-98 and did not allow the petitioner to appearbefore the interview Board on 28-2-99.
( 8 ) RULE was issued and affidavit-in-opposition has been filed affirmed on 24-11-99.
( 9 ) VARIOUS allegations in the contempt application have been traversed in the affidavit-in-opposition. It is