- (1.) Km. Madhu Jain, lecturer in the Department of Hindi in Sahu Gopinath Girls Degree College (now called Sahu Ram Swarup Mahila Vidyalaya) Bareilly, has moved this application for punishing Kunwar Suraj Avtar, Secretary/Manager and Smt Bimla Shukla, Principal of the College Under Section 12 of the Contempt to Courts Act, 1971.
(2.) The basis of the application is the order dated 19-1-1979 passed by this Court in writ petition No. 5276 of 1978. The facts which are not disputed are these: The Petitioner was selected for the post of lecturer and she joined on 8-9-1976. The Vice Chancellor approved her appointment saying that her appointment was temporary up to 30-4-1977. By letter dated 9-5-1978, the Principal asked the Petitioner to hand over charge of her post to Km. Girja Rani Misra. The Petitioner made representations to the Vice Chancellor as well as the Chancellor. But to no relief. Therefore, she filed writ petition against the Chancellor Rohilkhand University and others. The operative part of the judgment in the writ petition read as follows: For the reasons given above, we are satisfied that the order of the Vice Chancellor approving the appointment of the Petitioner up to 30th June, 1977 on a temporary basis suffers from a manifest error of law. The Petitioner was selected for a permanent post of Lecturer, and, therefore, her appointment will be deemed to be on probation for one year and the same probationary period will be deemed to have been extended up to 30th June, 1978, and the order of the Principal asking the Petitioner to hand over charge on 13th May, 1978 are all illegal and must be quashed. In the result the writ petition must succeed which is allowed....
(3.) The grievance of the Petitioner is that the opposite parties did not obey the above order. It will thus appear that it is a case of civil contempt. Expression "civil contempt" has been defined, in Section 2(b) of the Act as "willful disobedience to any judgment, decree, direction, order, writ...." In view of the definition of the expression "civil contempt", the Petitioner has not only to show disobedience of the order passed in the writ petition but has also to show that the disobedience was willful. Word 'disobedience' means neglect/disregard or refusal to obey. Word 'willful' means deliberate or intentional.;