9911796707
TMI Blog1999 (8) TMI 1017X X X X Extracts X X X X X X X X Extracts X X X X ..... the teachers similarly placed filed writ petitions in the High Court against their termination and the matter ultimately reached this Court. It is not necessary to go into the various stages of the litigation except to note that this Court by order dated November 30, 1992 in Birendra Kumar and Ors. v. State of Bihar [1999] SCC 574 directed as under: We, therefore, direct once again that if there are vacancies and if there are not trained teachers available the untrained teachers who were employed prior to the new rule came into operation, would be reinstated in service if after subjecting them to the selection process they are found suitable. If there are no vacancies, they would be empanelled according to their seniority and would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... some other teachers like them got similar orders from the High Court in their respective writ petitions. The main order passed by the High Court is dated January 20, 1993 in CWJC No. 7000/92. In this judgment the High Court noticed the appointments made in some districts and the number of existing vacancies. State had contended that only one regular vacancy existed when according to the petitioners, there were not less than 2,000 vacancies. Counter affidavit filed by the State did not indicate if all the 2,000 vacancies had been filled up. With the consent of the counsel for the petitioners and the Advocate General that these petitions may also be disposed of in the light of the aforementioned direction of the Supreme Court, the High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to January 1, 1992, they were entitled to salary from July 1, 1992 till October 3, 1994. They made their claim for the arrears of salary and since there was no response from the State Government, they filed petition for initiation of contempt proceedings against the State as well as its functionaries being the Director, Primary Education; Deputy Commissioner-cum-Chairman of the District Establishment Committee, Godda; and District Superintendent of Education, Godda District. Since it was the case of the respondents that no vacancy existed in the Godda District as on January 1, 1992, High Court by the impugned order dated July 8, 1998 dismissed the contempt proceedings. High Court said that there was no Violation of the order passed by the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to punish for contempt is to be resorted to when there is clear violation of the Court's order. Since notice of contempt and punishment for contempt is of far reaching consequence, these powers should be invoked only when a clear case of wilful disobedience of the court's order has been made out. Whether disobedience is wilful in a particular case depends on the facts and circumstances of that case. Judicial orders are to be properly understood and complied. Even negligence and carelessness can amount to disobedience particularly when attention of the person is drawn to the Court's orders and its implication. Disobedience of Court's order strikes at the very root of rule of law on which our system of governance is based. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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