Willful disobedience of a court order constitutes contempt of court, and the sincerity of an apology in contempt cases is crucial in determining its acceptance.

JUDGMENT

(Prayer: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent herein for his deliberate and willful disobedience of the Order of this Hon''ble Court dated 11.04.2018 in Writ Petition (MD) No.1352 of 2015.)

1. This Contempt Petition has been filed complaining that the order dated 11.04.2018 in W.P(MD)No.1352 of 2015 is not complied with in true letter and spirit.

2.This Court, while allowing the said Writ Petition, passed the following order:

“37.In the result, this Writ petition is disposed of with the following orders:

(i)The impugned order is set aside;

(ii)In view of the impugned order having been set aside, the proposal sent by the petitioner’s school on 08.08.2012 and subsequently, on 07.11.2012 for the appointment of the said Mrs. A.Gnana Sagaya Mary in the post of Sewing Mistress at the petitioner’s school, shall be taken into account and such proposal shall be considered and orders to that effect approving the appointment shall be made by the third respondent;

(iii)Once such appointment is approved by the authorities, the incumbent, who has been appointed as Sewing Mistress and taking classes in the petitioner’s school, shall be entitled to claim the salary for the said post from the date of her appointment;

(iv)All the aforesaid directions as indicated above shall be undertaken by the respondents especially, the second respondent within a period of six weeks from the date of receipt of a copy of this order;

(v)Since the proposal has already been returned by the second respondent, the same is to be once again resubmitted by the petitioner school within a period of two weeks from the date of receipt of a copy of this order and only on receipt of the same, the second respondent shall do the needful as indicated above, within the time frame set out therein.

3.The learned counsel for the petitioner submits that the copy of the order is communicated to the respondent along with the proposal on 01.03.2019. Since there was no response, the petitioner also sent reminder on 21.07.2019. The learned counsel would submit that time of six weeks stipulated by the Court expired on 14.04.2019. However, the respondent did not comply the order till date.

4.It appears on 07.12.2021, on considering the submissions of the respondent''s counsel that they filed a Writ Appeal in W.A(MD)No.1539 of 2019 and no interim order was passed by the Division Bench in the Writ Appeal, this Court directed the respondent to comply with the order subject to the result of the Writ Appeal and report the same and directed the Registry to list the matter on 15.12.2021. Though there is a specific direction from this Court on 07.12.2021, till date the orde of this Court is not complied with.

5.Considering the facts and circumstances of the case and in the absence of counter affidavit, this Court came to prima facie opinion that the respondent willfully disobeyed the order of the court and by order dated 14.07.2023, issued Statutory Notice seeking appearance of the respondent before this Court today. Accordingly, the respondent is present before this Court.

6.On behalf of the respondent, after 4 years, an affidavit is filed on 28.07.2023. In the said counter affidavit, it is averred that the respondent assumed charge in the Office of the District Educational Officer (Elementary), Devakottai on 24.09.2018. During the review meeting and on the verification of pending files, he came to understand that all the petitioner''s case files have been forwarded to higher officials and the same got mixed up with other similar case and on coming to that, after hectic efforts, the case files have been traced in the month of April 2019. After getting legal advice, he filed a Writ Appeal in W.A(MD)No.1539 of 2019. The said Writ Appeal is pending. It is further averred that he has been promoted and transferred and posted as Ch