Esha Bhattacharjee vs Mg.Commit.Of Raghunathpur Nafar ...

3. Sans unnecessary details, the facts which are essential to be stated for the purpose of disposal of the present appeals are that the appellant, an Assistant Teacher in language group (Bengali), invoked the jurisdiction of the High Court under Article 226 of the Constitution by preferring a writ petition seeking approval of her appointment and for certain other reliefs. The learned single Judge on 25.2.2004 taking note of the submissions of the learned counsel for the petitioner therein and further noticing the fact that in spite of notice none had appeared on behalf of the concerned respondents, issued a direction that during the pendency of the application the services of the petitioner as Assistant Teacher in Bengali in Raghunathpur Nafar Academy (HS) at Abhoynagar in the district of Howrah shall not be disturbed until further orders. As the said order was not complied with, the appellant filed the contempt application being C.P.A.N. No. 1016 of 2004. Be it noted, learned counsel for the petitioner communicated the order to the school authorities but the said communication was not paid heed to. On 24.1.2006 the District Inspector of Schools (SE), Howrah, directed the said school authorities to comply with the direction issued by the learned single Judge. Despite the said direction the order was not complied with. It may be mentioned here that an undertaking was given before the learned single Judge and on that basis C.P.A.N. No. 1016 of 2004 was disposed of. As the factual matrix would further unfurl a new managing committee was constituted in place of the erstwhile managing committee of the school on 21.11.2009 and the appellant was not allowed to join her duty. Being constrained, she preferred another contempt petition No. C.P.A.N. No. 1506 of 2010 wherein the learned single Judge vide order dated 13.5.2010 referred to his earlier order and directed that the District Inspector of Schools (SE) would ensure due compliance of the order. That apart, a direction was issued that the concerned police authority should see to it that the Secretary and the teacher-in-charge of the concerned school implement the order in allowing the petitioner to join her duties. After the said order came to be passed, the appellant herein joined her duties as Assistant Teacher with effect from 14.6.2010. Though the appellant was allowed to join, yet she was neither permitted to sign the daily attendance register, nor allotted any work nor paid her salary. Being impelled, she filed an application for contempt, C.P.A.N. No. 1506 of 2010, and on 24.12.2010 the learned single Judge directed for personal presence of the Secretary and teacher-in-charge of the school. At this juncture, the Managing Committee and the Secretary of the school preferred an appeal along with an application for condonation of delay. The said application was seriously resisted by the appellant by filing an affidavit and, eventually, by the impugned order the Division Bench condoned the delay. Be it noted, the Division Bench has also passed an interim order of stay. The said orders are the subject-matter of assail in these appeals by special leave.

8. In O.P. Kathpalia v. Lakhmir Singh (dead) and others[7], the court was dealing with a fact- situation where the interim order passed by the court of first instance was an interpolated order and it was not ascertainable as to when the order was made. The said order was under appeal before the District Judge who declined to condone the delay and the said view was concurred with by the High Court. The Court, taking stock of the facts, came to hold that if such an interpolated order is allowed to stand, there would be failure of justice and, accordingly, set aside the orders impugned therein observing that the appeal before the District Judge deserved to be heard on merits.

ii) The terms “sufficient cause” should be understood in their proper spirit, philosophy and purpose regard being had to the fact that these terms are basically elastic and are to be applied in proper perspective to the obtaining fact- situation.

iii) Substantial justice being paramount and pivotal the technical considerations should not be given undue and uncalled for emphasis.

x) If the explanation offered is concocted or the grounds urged in the application are fanciful, the courts should be vigilant not to expose the other side unnecessarily to face such a litigation.

16. To the aforesaid principles we may add some more guidelines taking note of the present day scenario. They are: -

After having received the said papers and after perusing all the records he opined to prefer an appeal before the appeal court or to prefer an application for vacating the interim order and ultimately the same was filed on 07.06.2010 after several pursuance in spite of taking the application for vacating the interim order the court below day to day is proceeding with the contempt application.

15. Having got no other alternative applicant have been advised to prefer an appeal without certified copy and the leave has been prayed for and the same was allowed.

The photocopy of the receipt for application of Xerox certified copy is annexed herewith and marked with letter “A”.

23. Ex consequenti, the appeals are allowed and the order passed by the Division Bench condoning delay is set aside. As a result of such extinction the appeal before the Division Bench of the High Court shall also stand dismissed. The learned single Judge is requested to dispose of Writ Petition No. 6124(W) of 2003 as expeditiously as possible, preferably, within a period of six months as the lis involved is not likely to consume much time. In the facts and circumstances of the case, there shall be no order as to costs.