Debasish Kar Gupta, J. - (1.) THIS is an application filed under the Contempt of Courts Act, 1971 for alleged violation of the order dated January 17, 2007 passed in the matter of Mr. Kajal Chakraborty v. State of West Bengal and Ors. (In re; W.P. No. 10452 (W) of 2006).
(2.) BY the aforesaid judgment dated January 17, 2007 this Court directed the Respondent No. 2 to consider the grievances of the writ Petitioner in accordance with law treating the writ petition as his representation and by passing a reasoned order within a period of four weeks from the date of communication of this order with a further direction upon the Respondent No. 2,. namely the Director of School Education, West Bengal to communication this order within two weeks thereof the to the Petitioner. It appears from the affidavit of compliance affirmed by the alleged contemnor, Sri Dibyen Mukherjee, Son of Sri Dilip Mukherjee, Director of School Education, West Bengal, that the office of the alleged contemnor received the above order on April 2, 2007 (paragraph 5 (ii) at page 4 to the above affidavit of compliance) that the alleged contemnor, by a communication issued under Memo No. 31 -LP/C -535 Law Pry)/06 dated September 13, 2007 (Annexure R -l at page 10 to the above affidavit of compliance), asked the Chairman of the District Primary School Council, Sough 24 - Parganas to submit necessary documents by a Special Messenger. It is noteworthy that it was the first the (September 13, 2007) which was taken by the alleged contemnor after receiving of the above order on April 4, 2007 in his office. Thereafter, the Petitioner filed the instant application under the Contempt of Courts Act, 1971 (affirmed on July 30, 2007) for alleged willful disobedience of the order dated January 17, 2007 passed in W.P. No. 10452 (W) of 2006.
(3.) THE Contempt Rule was issued against the alleged contemnor by this Court on September 8, 2008 fixing the returnable date on November 24, 2007. It appears from the contents of the affidavit -of -compliance that the alleged contemnor received the above contempt rule on November 19, 2008 (at paragraph 5 (iv) to the affidavit -of -compliance). The alleged contemnor sent his representative to the office of the District Primary School Council on November 20 and November 21, 2008 for obtaining the necessary papers to. arrive at a decision for compliance of the order dated January 17, 2007 passed in the writ application under reference. It is further stated in the affidavit -of -compliance that the alleged contemnor passed the order under his Memo No. IC -535L(P)/06 dated November 21, 2008 in compliance of the order dated January 17, 2007 passed in W.P. No. 10452(W) of 2006.;