Calcutta High Court (Appellete Side)
203/2013 on 14 July, 2014
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
1 14.7.2014
ac W.P. 8490(W) of 2012 Isha Mahammad Chowdhury ... Applicant/Petitioner
-verusus-
Jahid Nehal ... Alleged Contemnor Mr. Robiul Islam.
... For the Petitioner/Applicant.
Re : CPAN 203 of 2013.
The instant contempt application has been filed by the writ petitioner complaining non-compliance of the order passed by this Court on 23rd July, 2012.
While disposing of the writ petition, this Court after taking note of the fact that the post of Assistant Teacher for Arabic with M.M. qualification remained vacant in Lalgola Rahamatulla High Madrasah, directed the Secretary of the West Bengal Madrasah Service Commission to recommend the petitioner for his transfer to the Madrasah, namely, Lalgola Rahamatulla High Madrasah, within two weeks from the date of communication of the said order so that the petitioner could have reported for joining in the said Madrasah within a week thereafter. Complaining non-compliance of the said order passed by this Court, the instant contempt application was filed by the petitioner.
Fact remains that the order which was passed by this Court on 23rd July, 2012 in W.P. 8490(W) of 2012 was challenged in appeal being AST No. 229 of 2012 and the said appeal was disposed of by the Appeal Court on 30th August, 2012. Though, the order passed by this Court which was under
appeal, was not interfered with by the Appeal Court, but certain directions were given for implementation of the order passed by this Court on 23rd July, 2012. The District Inspector of schools (S.E.), Murshidabad, was directed to supply a copy of the vacancy report within a period of one week from the date of 2 communication of the Appeal Court's order to the Secretary of the West Bengal Madrasah Commission and after receiving the said vacancy report, the West Bengal Madrasah Service Commission was required to take necessary step to transfer the writ petitioner in compliance of the order under appeal passed by this Court, at an early date but positively within a period of two weeks from the date of receiving a copy of the said vacancy report.
Having regard to the fact that certain additional directions were given by the Appeal Court while dismissing the said appeal, this Court is of the view that the present contempt application cannot be dealt with by this Court as the order of this Court was ultimately merged with the order of the Appeal Court with some modifications.
As such, the contempt application which is filed by the petitioner before this Court is not maintainable. The present contempt application is, thus, dismissed.
It is, however, made clear that this order will not preclude the petitioner from seeking appropriate remedy in appropriate forum in accordance with law.
(Jyotirmay Bhattacharya, J.)