Venkataswami, J. - (1.) A Division Bench of the Calcutta High Court by its judgment and order dated 16-3-1982 declined to entertain an application for contempt dated 29-6-1981. Aggrieved by that the present appeal has been preferred by the appellant.
(2.) Inasmuch as the scope of the present appeal, which is directed against the dismissal of contempt application, is very limited, we are not inclined to go into other contentions raised by the appellant challenging the validity of certain related orders passed by the authorities. As a matter of fact, the High Court by the judgment under appeal held as follows while rejecting the contempt application:- "It was not directed by us that the question of promotion of the petitioner should be considered only on the basis of the confidential reports. It may be that the effect of the confidential reports being in favour of the petitioner, the respondents should have granted him promotion. But we are not considering the merits of the report of the competent authority in not recommending the promotion of the petitioner. We are also unable to consider whether the competent authority was justified in observing that the petitioner is not a suitable candidate for promotion as per rules. The remedy of the petitioner, in our opinion, lies not in an application for contempt but in a separate writ petition against the order that was communicated to him by the Chief Personnel Officer dated May 18, 1981. In the circumstances, we do not think that the petitioner has been able to make out a case for contempt against the respondents. The petitioner will, however, be at liberty to move against the said Order of the Chief Personnel Officer by writ application.
(3.) We are of the view that the High Court was right in declining to entertain the application for any contempt and reserving the right of the petitioner by separate proceedings to challenge the consequential order passed by the authorities.;