Pleased to set aside the Order passed in CC.No.1118 of 2023 dated14.07.2023 and discharge the Appellant from the above contempt case and pass

IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation of the Judgment in CC.No.1118 of 2023 dated 14.07.2023, pending disposal of the Contempt Appeal, in the interest of justice.

pleased to set aside the order passed in CC No.1118 of 2023 dated14-07-2023 by allowing the instant Contempt Appeal, in the interest of justice

IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation of the Order dated 14-07-2023 passed in CC No.1118 of 2023 including imposition of fine Rs. 100/-pending disposal of the above Contempt Appeal and pass

The Court made the following:

COMMON JUDGMENT:

(per Hon’ble Sri Justice Subhendu Samanta)

1. These instant contempt appeals have been preferred against the order dated 14.07.2023 passed by a learned Single Judge of this Court in contempt case No.1118 of 2023.

2. The contempt case was arisen out of the alleged willful and deliberate disobedience of order passed by the Court dated 18.10.2022 in W.P. No.33879 of 2022. The operative portion of the direction in the writ petition is as follows:

“5. Having regard to the facts and circumstances and without touching the merits of the case, the respondents 2 and 3 are directed to consider and pass appropriate orders on the representations dated 24.08.2022 and 10.10.2022 of the petitioner for encashment of earned leave for 300 days and other pensionary benefits, in accordance with law, within a period of four weeks from the date of receipt of the order.”

3. It was the contention before the learned Single Judge that contemnors being the respondents of the writ petition failed to comply with the order of the Court willfully and deliberately despite legal notice issued by the writ petitioner in favour of the alleged contemnors. The learned Single Judge after hearing the parties has passed the order of conviction, which reads as under:

“14.Accordingly, the contempt case is allowed and the contemnors/respondents are directed to pay a fine of Rs.100/- (Rupees one hundred only) each, in default of payment of fine, they shall undergo simple imprisonment for a period of one (01) week.”

4. The learned counsel for the appellants submits that there is no willful lapse on behalf of the appellants to comply with the order. It is further contended that they have actually complied the order passed by the learned Single Judge, but there are some unintentional delay. It is further argued by the learned counsel for the appellants that the contemnor No.2 as a competent authority has acted promptly by directing the petitioner for submission of necessary service regularization order, to comply the order of the Court.

5. The learned counsel for the appellants requested to consider the unconditional apology tendered by appellants and prayed to accept the apology by setting aside the order of punishment.

6. The learned counsel for the respondent/ petitioner raised an objection and submits that the contemnors have willfully and deliberately violated the orders of this Court and that the act of the contemnors is highly illegal and contemptuous. He further submits that inspite of the direction of this Court, the contemnors have rejected the prayer of the petitioner by passing an order dated 19.04.2023.

7. Heard the learned counsel for the parties.

8. It appears that the learned Single Judge has directed contemnors/respondents 2 and 3 in the writ petition to consider representation of the petitioner dated 24.08.2022 and 10.10.2022 in accordance with law within a period of four weeks from the date of receipt of this order. The order was passed on 18.10.2022