BIPASHA DEB Vs. S C DAS

JUDGEMENT

(1.) PURSUANT to the order passed yesterday, reasoned judgment is being delivered in open Court today in the presence of (1) Shri B. Purkayastha, the then Deputy Inspector of Schools, Cachar, Silchar, (2) Shri Bikash Das, Treasury Officer, Silchar Treasury, Silchar, (3) Shri B. B. Dey, Deputy Secretary, Finance (BT) Department and (4) Shri P. K. Chaki, AFS, (the then Treasury Officer, Silchar Treasury), and presently working as the FAO, Election Department, Assam Secretariat.

(2.) THE facts are long and an attempt is being made to unwind only what is essential. The petitioner was appointed as L. P. School teacher by an order dated 30th January 1990. She joined on 20th November 1990 and on a claim that though she had been rendering service her salary was not being paid, the petitioner instituted a writ proceeding registered and numbered as Civil Rule No. 2055 of 1992. The aforesaid writ proceeding was closed by this Court by an order dated 24. 08. 1999 holding the appointment of the petitioner to be a regular one and that the petitioner was entitled to her salary. Consequential directions for payment of arrear and current salary was issued by this Court by its aforementioned order dated 24. 08. 1999. The directions of this Court not having been complied with, a contempt case i. e. Contempt Case No. 551/2000 was instituted, which, however, was closed by this Court by order dated 22. 08. 2002. In compliance with the order of this Court dated 24. 08. 1999 passed in Civil Rule No. 2055/1992 and during pendency of the contempt proceeding as aforesaid, the Director of Elementary Education, Government of Assam had submitted a proposal to the Government on 22. 05. 2001 for payment of a sum of Rs. 3,59,149/- to the petitioner on account of arrear salary. The aforesaid proposal was followed by another proposal of the Director of Elementary Education dated 24. 05. 2002 for a sum of Rs. 4,73,696/- on account of arrear salary due to the petitioner for the period from 01. 11. 1990 to 31. 03. 2002. Though not so recorded, this Court will understand from the affidavit filed by the Director in the contempt proceeding, that it is on account of the aforesaid steps taken by the Director for payment of arrear salary that the contempt proceeding i. e. Contempt Case No. 551/2000 was closed by this Court. In the aforesaid affidavit filed by the Director though there is some reference to the information furnished by the Deputy Inspector of Schools that the appointment of the petitioner was illegal, there is no evidence of any action on the part of the Director to have the order dated 24. 08. 1999 passed by this Court, recalled on the basis of the information furnished. Rather, in the affidavit filed, there is a clear and categorical undertaking on the part of the Director to implement this Court's order dated 24. 08. 1999.

(3.) THE contemnor B. Purkayastha was holding the post of Deputy Inspector of Schools, Cachar, Silchar at the material time; whereas the contemnor Bikash Das was holding the post of Treasury Officer, Silchar Treasury with effect from 20. 09. 2004. The other two persons, namely, Sri B. B. Dey, was holding the post of Deputy Secretary to the Government of Assam, Finance (BT) Department and Sri P. K. Chaki was holding the post of Treasury Officer, Silchar Treasury until 19. 09. 2004. The first two persons, namely, Sri B. Purkayastha and Sri Bikash Das have submitted their written response to the notice issued by the Court whereas the other two persons Sri B. B. Dey and Sri P. K. Chaki are yet to file their response as they have been brought on record in the present case only by order dated 28. 04. 2005 passed by this Court. It is in these circumstances that this Court has now to determine whether contempt has been committed and, if so, by whom and the punishment/sentence that should be awarded, in the event the Court holds all or any of the persons present to be guilty of commission of contempt.