PUSHKAR GURUNG Vs. RABINA TAMANG

JUDGEMENT

(1.) This is an application under Sec. 215 of the Constitution of India read with relevant provisions of the Contempt Courts Act, 1971 for drawing up contempt against the respondent No.2 for willful and deliberate violation of the order dtd. 4/1/2022 passed in WPA 1764 of 2021 by the District Inspector of Schools (Secondary Education) GTA, Darjeeling, Government of West Bengal in the Department of School Education. It would not be out of place to mention the relevant part of the impugned order dtd. 4/1/2022 which runs hereunder:-

(2.) The District Inspector of Schools (SE), GTA, Darjeeling considered the case of the regularization of the petitioner as per direction made by this Court in WPA 1764 of 2021 and passed an order on 21/4/2022 holding, inter alia:-

(3.) The reasoned order dtd. 21/4/2022 is that the alleged contemnor was not in a position to regularize the appointment of the petitioner on the ground that his name has not been approved by the State Government. Denial to approve the name of the petitioner by the State Government was not a matter for consideration by the writ Court. The reasoned order dtd. 21/4/2022 has disclosed a new case and new cause of action for which the petitioner is entitled to file an appropriate application under Article 226 of the Constitution of India. On perusal of the reasoned order dtd. 21/4/2022, this Court finds that the order passed by this Court in WPA 1764 of 2021 was violated. In view of such circumstances, I do not find any merit in the contempt application.