MD. ABDUL MAJID SK. Vs. SWETA CHANDRA, CHAIRPERSON, MURSHIDABAD DISTRICT PRIMARY SCHOOL COUNCIL, MURSHIDABAD

JUDGEMENT

(1.) The above contempt application was filed against the sole respondent who was, at the relevant point of time, the Chairperson, Murshidabad District Primary School Council, Murshidabad. The petitioner charged the sole contemnor with commission of contempt in view of deliberate and wilful violation of the order passed by this Court on 12th Nov., 2000. The petitioner filed a writ petition in this Court on or about 8th Nov., 2000 praying for direction upon the respondent namely the Chairperson, Murshidabad District Primary School Council and Director of School Education and other respondents to fix a date for holding an interview for selection to the posts of primary teachers and give a chance to the said petitioner to appear in the said interview. In substance, he wanted a direction upon the respondent for allowing him to participate in the selection process. On 10th, Nov., 2000 this Court passed an interim order to the effect that the petitioner shall be allowed to take part in the interview along with other candidates since the petitioner's name has been sponsored by the Employment Officer. It is alleged that on 10th Nov., 2000 the said order was communicated by telegram to the office of the first respondent. Thereafter on 11th Nov., 2000 he personally went to the office of the respondent with the letter of the learned lawyer containing the gist of the order to serve it upon the staff of the respondent. On that date the Chairperson did not come to the office, so the staff of the District Primary School Council requested the writ petitioner to see her at her residence. Thereafter, he met the Chairperson in her house at Khagra and showed and handed over the lawyer's letter containing the said order. Then it was said to him that time was very short and she had nothing to do with the matter and she could not help him in any way. Thereafter the writ petitioner also visited the examination centre at Kasheswari Girls' School and showed the order to the staff conducting the examination in the school but they did not allow the writ petitioner to sit in the selection test and/or examination.

(2.) Thus, in spite of knowledge of the order dated 10th Nov., 2000 he was not allowed to sit in the examination and thereby the respondent has deliberately and wilfully violated the order of the Court. No Rule was issued at any point of time and affidavit was invited to this application. In the affidavit-in-opposition it has been stated that the respondent had no knowledge of passing of the order dated 10th Nov., 2000 until a communication by post was received on 23rd Nov., 2000. Therefore, by that time examination was over, so there was no occasion to carry out the order. It is stated that she had greatest respect for this Court and if she had known earlier certainly she would have carried out the order. In view of aforesaid assertion in the petition and respondent the matter was set down for trial on evidence as to whether order was communicated to the respondent or to her office or not. So both the petitioner and the respondent Sweta were examined on oath in this Court. In the oral evidence of the petitioner he said that he received two copies of the order from his learned advocate and immediately thereafter he sent one copy by telegram from the Post Office, Raj Bhavan and thereafter he personally went to the office of the Chairperson and deposited other copy by hand in the Chairperson's office. Thereafter he said that on the next day when he went to the office of the Council with the order there were some staff who were working there. He showed them the order and enquired when the examination would be held, and he pleaded that he should be allowed to sit for the examination in terms of the order of the Honourable High Court. But at the office the staff concerned advised him to go to the house of the Chairperson as she did not come to the office on that date. So he had gone to the residence of the Chairperson at Khargram and met her and then he told her about his demand and showed the order of the Court. She took the same and perused the order and thereafter she told him that she had nothing to do as the time was very short, so she could not help him in any way. On the next day i.e. on the date of examination he went to the venue of the examination centre at Kashiswari Girls' School and showed the order to the staff of the school but they told him that it would not be possible for them to do anything and they prevented him from entering into the school and he could not sit for the examination. So he lodged a complaint with the Berhampur Police Station.

(3.) In the cross-examination it was suggested that 11th Nov., 2000 was Saturday and the office remained closed and so there was no occasion to communicate any thing on that date. Sweta was also examined. She denied that the petitioner had ever met her. She said on 11th Nov. she did not attend her office nor she was at her residence as she attended some social function and she was engaged there almost from morning to afternoon.