RANTOSH DHAR Vs. SASHI PRAKASH AND ANR

JUDGEMENT

(1.) The petitioner is a Fireman posted at Kunjaban Fire Service Station under the Directorate of Fire Services. In this contempt petition he has alleged that the two respondents herein have deliberately disobeyed the directions of this Court contained in orders dated 1.9.2000 and 2.8.2001 passed in Civil Rule No. 296 of 1997 and, therefore, they are liable to be punished for civil contempt under Sec. 12 of the Contempt of Courts Act, 1971 read with Art. 215 of the Constitution of India. The first respondent is Shri Sashi Prakash, IAS, who is presently Chief Secretary to the Govt. of Tripura, In-charge of Home Department. The second is R.K. Sukla. IPS, who is the Director of Fire Services, Govt. of Tripura. Before proceeding further to examine whether there has been any such contempt of Court, as alleged, it is necessary to notice the directions contained in the two orders aforementioned.

(2.) Civil Rule No. 296 of 1997 was instituted seeking direction to the State Respondents to introduce three shift duty system in all the Fire Stations as otherwise the Firemen and other employees of the Fire Stations would have to perform duty for more than eight hours. The State Government in their counter-affidavit contended, inter alia, that introduction of three-shift duty system in all the Fire Stations in the State was under consideration. On the basis of a submission advanced on that basis by the Govt. Advocate the said writ petition came to be disposed of with a direction to the State respondents to do the same within a period of eight months. The relevant part of the order reads as follows:

(3.) This position came to be further crystallized in the second order dated 2.8.2001, which was passed in the wake of an application by the State Government seeking further time for introduction of three-shift duty system. Rejecting the application a learned Judge of this Court observed as follows: