MANIK CHANDRA PAL Vs. B K CHAKRABORTY

JUDGEMENT

(1.) This is an application under S. 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India for drawing up a contempt proceeding against the respondent for wilfully and deliberately violating the Judgment and Order dated 13-1-2003 passed by this Court in W.P. (C) No. 455 of 2002.

(2.) The facts relevant for disposal of this contempt petition may be briefly stated as under: The petitioner filed a writ petition before this Court for directing the respondents to accept his voluntary retirement with effect from 31 -8-2002 and to pay him all the retiral benefits. This Court by the Judgment and Order dated 13-1-2003 disposed of the writ petition by (1) directing the petitioner to deposit his three months pay and allowances within fifteen days; (2) directing the respondents to issue formal letter of acceptance of the voluntary retirement of the petitioner with effect from 16-9-2002 on receipt of the said amount from the petitioner and (3) directing the respondents to pay all retiral benefits including leave salary for the period from 7-7-2002 to 16-9-2002 to the petitioner within three months from the date of acceptance of the voluntary retirement. It was also ordered that any outstanding dues including the Library Books etc. were to be repaid or refunded by the petitioner. In compliance with the aforesaid directions, the petitioner deposited his three months pay and allowances and returned all his outstanding dues including Library Books etc. and submitted the clearance certificate to the State-respondents. Thereupon the respondent herein by the order dated 25-3- 2003 allowed the petitioner to proceed on voluntary retirement with effect from 16-9- 2002. However, the respondent failed to take any action in respect of the other directions passed by this Court and as a result a se- ries of representations were submitted to the respondent by the petitioner for immediate compliance with the remaining directions. Finally the respondent released a part of the leave salary and leave encashment, gratuity and provisional pension for six months with effect from 17-9-2002 to 16-3-2003. The petitioner states that he has not been receiving pension from 17-3-2003 onwards. The petitioner submits that the aforesaid acts of commission or omission by the respondent amounts to wilful violation of the order passed by this Court and as such a contempt proceeding be initiated against the respondent for the same.

(3.) The respondent filed a counter-affidavit in answer to the contempt petition in which he states that the petitioner has been paid the leave encashment for 281 days of Earned Leave was disbursed on 9-6-2003. Leave salary for the period from 8-7-2002 to 16-9-2002 was paid on 9-6-2003. Provisional Gratuity was disbursed to him on 16-6-2003 and provisional pension for six months with effect from 17-9-2002 to 16-3- 2003 was released to him on 11-7-2003. The respondent further states that following the directions of this Court his voluntary retirement was accepted. The pension proposal was already sent to the Accountant General, Tripura although there was some delay in sending the said proposal but the delay was said to be not intentional which was due to observance of certain formalities. The pension proposal is now pending before the Accountant General, Tripura for which necessary reminder has been sent to the Senior Accounts Officer to expedite the matter. The main contention of the respondent is that he has done everything within his power to comply with the directions of this Court and some delay was inevitable due to the complicated nature of functioning of the administration for which he may not be held liable for contempt. He submits that there is no wilful or deliberate violation of the order passed by this Court.