IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Harish Tandon And The Hon’ble Justice Prasenjit Biswas MAT 12 of 2024 With CAN 1 of 2024 CAN 2 of 2024 Bidhan Chandra Mohanta -Versus-

Sri Siddhartha Majumder & Ors.

For the Appellant : Mr. Sudip Ghosh Chowdhury, Ms. Shreyeta Mitra For the WBCSSC : Mr. Sutanu Kumar Patra, Ms. Supriya Dubey.

For the State : Mr. Suman Ghosh, Mr. Sankha Prasad Roy.

Delivered on : 07.02.2025 Prasenjit Biswas, J:-

1. The order dated 21.04.2023 passed by the learned Single Bench in CPAN 256 of 2023 arising out of WPA 2516 of 2022 is assailed in this appeal at the behest of the petitioner.

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 2516 of 2002 dated 19.07.2022. 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 violation was pleaded in the contempt application.

4. This appellant /petitioner joined in the school as an Assistant Teacher on 03.09.2009 and the service of the appellant was approved by the District Inspector of Schools (S.E.), Burdwan on 23.11.2009 by issuing approval order. The appellant/petitioner applied for General Transfer through ‘Utsashree Portal’ for the first time on 03.08.2021 and the Head of the Institution issued ‘No Objection Certificate’ and forwarded it to the District Inspector of School on 28.08.2021. On the same date, the District Inspector of Schools forwarded the same to the West Bengal Central School Service Commission for further consideration. But the application praying for General Transfer by the appellant/petitioner was turned down by the Commission on 29.08.2021 on the ground of single subject teacher in the concerned school. Thereafter, this appellant applied for transfer through ‘Utsashree Portal’ again on different dates but all those applications have been rejected either by the Head of the Institution or by the District Inspector of School on the self-same ground of single subject teacher in the school concerned.

5. Finding no other way the petitioner preferred a writ petition being WPA No. 2516 of 2022 before the learned Single Bench of this Court and the said writ petition was disposed of by the Court observing and directing, inter alia, that-

“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.

The earlier rejection of transfer shall stand set aside.

With the aforesaid directions, the instant writ petition shall stand disposed of.”

6. In view of the aforesaid order passed by the learned Single Bench of this Court, this appellant/petitioner made application afresh through the portal which was duly forwarded to the District Inspector of School but shockingly no step was taken by the authority concerned intentionally which as per submission of the learned Advocate of the appellant is a willful and deliberate violation of the order passed by the Court.

7. Thereafter, an application for contempt was taken out by the appellant petitioner being CPAN 256 of 2023 by stating that the alleged contemnors have deliberately violated the direction as passed by the learned Single Bench and did not comply the said direction even after repeated pursuance on the part of the appellant and such action on the part of the al