S.B. Sinha, J. - (1.) The respondent herein was appointed as an Assistant Teacher. The Inspector of Schools did not approve his appointment. A writ petition was filed by him, wherein by an order dated 3.9.1997 the High Court directed the Inspector of Schools to do so. The said order was carried into effect by posting him as Assistant Teacher in a school by an order dated 19.2.1999. He joined the said school. He acquired the qualification in May, 1999. He was removed from services on or about 27.5.2000 in terms of the Government Orders bearing No. 11667/SME dated 24.4.2000 and No. 13680/SME dated 11.5.2000 stating that he did not have the requisite qualification as on 7.6.1994. Indisputably, an original application has been filed by the respondent before the State Administrative Tribunal bearing No. 1678 (C)/2000, which is pending. He also filed an application for initiating proceedings under Contempt of Courts Act before the High Court, inter alia, against the Inspector of Schools for alleged disobedience of the said order dated 3.9.1997. By reason of the impugned judgment, the High Court set aside the said order of the Inspector of Schools dated 27.5.2000 and directed the appellants to take the respondent back in service and to give him appropriate posting within one month therefrom. It was further directed that arrears of salary should be paid to him as early as possible, preferably within six months from the date of his joining.The submission of Mr. J.K. Das, learned Counsel appearing for the appellant was that the High Court exceeded its jurisdiction in issuing the aforementioned directions.
(2.) Mr. Rajib Roy, learned Counsel appearing on behalf of the respondent, on the other hand, submitted that the High Court had the requisite jurisdiction to pass the impugned order in terms of the provisions of Contempt of Courts Act. Our attention was also drawn to the fact that even on a previous occasion the Inspector of Schools did not comply with the order of the High Court dated 3.9.1997 and the respondent had initiated a proceeding for contempt against them.
(3.) The contemnors were not impleaded in the contempt proceedings in their personal capacity, but were impleaded in their official capacity. In O.J.C. No. 3298/96 the High Court in issuing the direction by its order dated 3.9.1997, relied on an earlier judgment dated 27,6.1997 (Bibekananda Das v. State of Orissa) passed in OJ.C.No. 1012/96, stating: For the reasons stated in the aforesaid judgment dated 27.6.1997 and the subsequent order dated 3.9.1997, we direct the Inspector of Schools to approve the appointment of the petitioner with effect from 7.6.1994 and pay him the scale of pay of an assistant teacher (untrained graduate) with effect from the said date. The arrears, if not already paid, may be calculated and paid to him within a period of four months of receipt of writ. The Inspector of Schools will continue to pay to the petitioner the current salary in the untrained graduate scale of pay. We make it clear that the Inspector of Schools will give the petitioner reasonable time to acquire the B. Ed. qualification (unless he gets exemption under the relevant rules). Annexure-4 is accordingly quashed. Thus no direction was issued by the High Court against the State of Orissa. It is not in dispute that the cause of action for filing the contempt petition arose as the Inspector of Schools passed an order consequent upon the Government Orders issued by the Government of Orissa on or about 24.4.2000. The Inspector of Schools was bound to give effect to the said orders. The said Government orders may be legal or illegal; but by no stretch of imagination, it can be said that the Inspector of Schools committed contempt of court in complying with the directions of the State of Orissa. For the purpose of setting aside the order of the Inspector of Schools, the Government Orders were required to be set aside. The said Government Orders having been issued subsequent to the order of the High Court, no direction indisputably had been or could be issued in that behalf in the writ petition. A contempt petition, in our opinion, thus, was not maintainable. ;