Kalyan Jyoti Sengupta, J. - (1.) RESPONDENT No. 1 is not present today. Respondent No. 2 is personally present today pursuant to the notice issued by this Court for initiation of the civil contempt.
(2.) THIS Contempt Case has been initiated for drawing of appropriate proceedings under the Contempt of Courts Act, 1971 for deliberate disobedience of the order passed by the learned Single Judge in Writ Petition No. 24635 of 2000 dated 27.12.2014 as modified by this Court in Writ Appeal No. 1351 of 2005 dated 19.10.2011. Therefore, looking at the prayer, it was an action for initiating civil contempt. While entertaining this Contempt Case, the Division Bench on 24.04.2013 passed an order, which is set out hereunder. "It is brought to our notice by the learned counsel for both the parties that after filing this contempt case, the 1st respondent passed an order dated 16.08.2012 purportedly in compliance with the judgment of this Court in W.A. No. 1351 of 2005. However, having gone through the said order, we are of the opinion that the order runs contrary to the findings recorded by this Court in W.P. No. 24635 of 2000 as well as W.A. No. 1351 of 2005. That being so, prima facie, we are of the opinion that the respondents are liable to be punished under the Contempt of Courts Act. However, the learned Government Pleader states that the respondents would be properly advised and seeks time to issue revised orders, Post immediately after summer vacation, 2013."
(3.) THEREFORE , we find that some order was passed by the first respondent. It appears from the records that the order was passed based on the recommendation of the second respondent. Therefore, this action is joint and several. According to us, both are answerable for lawful obedience in carrying out the order but compliance has been made belatedly, for which, Contempt Case has to be initiated. The order has been carried out but the Division Bench of this Court has not accepted the same and made the above observation. We are of the view that the civil contempt can be closed with suitable appropriate orders.;