Sulochana Das vs Mrs. Uma Mukherjee & Anr
2023 Latest Caselaw 5579 Cal

37.    25.08.2023
       Court No.6
      Tanmoy Ghosh
                                           CPAN 1523 of 2011

                                             Sulochana Das
                                                -Versus-
                                       Mrs. Uma Mukherjee & Anr.
                                             Arising out of
                                           FMA 1282 of 2010

                           Mr. Prokash Ch. Mondal, Adv.,
                           Mr. Dinesh Ch. Mondal, Adv.
                                                 ...for the petitioner.

                           Mr. Biswabrata Basu Mallick, Adv.,
                           Mr. Sanjib Das, Adv.
                                                 ...for the added respondent/

alleged contemnor no.2.

This contempt application has been filed for alleged

willful violation of a judgment and order dated January 5,

2011, whereby FMA 1282 of 2010, was disposed of by a co-

ordinate Bench.

It appears that the petitioner herein was appointed in

a Deaf & Dumb School, Raigunj, Uttar Dinajpur, to render

assistance in running the Institute. It further appears that

by an order dated January 18, 2005, issued by the Director

of Social Welfare, Government of West Bengal, the

petitioner, who was an inmate of Surjadaya Deaf & Dumb

School, Karnajora, Raigunj, Uttar Dinajpur, was released

and was transferred to Sree Sree Ramakrishna Satyananda

Ashram, 41/1, Deshbandhu Road, West, Alambazar Bata,

Kolkata - 700035, to join the TCPC Section of the Ashram.

Since the aforesaid transfer order was not

implemented, the petitioner approached a learned Single

Judge of this Court in the writ jurisdiction. The learned

Judge disposed of the writ petition by directing the Director

of Social Welfare, Government of West Bengal, to take

necessary steps for the safety and security of the petitioner

and also for her permanent posting by way of

rehabilitation.

Being aggrieved, the petitioner preferred an appeal

being FMA 1282 of 2010, which was disposed of by a co-

ordinate Bench by the order dated January 5, 2011,

violation of which is alleged in this contempt application.

The operative portion of the said order dated January 5,

2011, reads as follows:-

"... We, therefore, are of the view that the order of the learned trial Judge is not sustainable as the same being misdirected to the issue.

Accordingly, we direct the Director of Social Welfare, Government of West Bengal, to ensure that the petitioner/appellant can join at the transferred place and for this purpose all arrangements shall be made, if necessary, by taking police help. This shall be done within a period of eight weeks from the date of communication of this order. ..."

The petitioner says that the Director of Social

Welfare, being the alleged contemnor in this contempt

application, did not take any steps to ensure compliance

with the said order.

The alleged contemnor has filed a compliance report

in the form of affidavit. We see from page 12 of the said

affidavit that the Director of Social Welfare & Special

Secretary, Government of West Bengal, issued an order on

May 3, 2011, pursuant to the Division Bench's order in

question, addressed amongst others, to the Secretary Sree

Sree Ramkrishna Satyananda Ashram. We also see that a

letter dated June 5, 2023 was addressed by the Director of

Social Welfare to the Secretary of the said Sree Sree

Ramkrishna Satyananda Ashram, enquiring as to what

action had been taken from the end of that Ashram for

implementation of the said order of the Division Bench.

Learned Advocate for the alleged contemnor also

drew our attention to a mail dated June 22, 2023, signed

by the General Secretary of Sree Sree Ramkrishna

Satyananda Ashram to the Director of Social Welfare,

which reads as follows:-

"In response to your mail regarding the matter mentioned above, I would like to lay before you the following statements for your kind perusal.

That there is no any GOVERNMENT WOMEN HOME in our organization since beginning. For which reason we could not entertained the respective order."

Relying on the aforesaid communications, learned

Advocate for the alleged contemnor says that all that was

possible for the alleged contemnor to do, was done. Sree

Sree Ramkrishna Satyananda Ashram is not a Government

organization. The Government cannot impose an inmate on

that Ashram. The alleged contemnor is, therefore, not in a

position to ensure implementation of the order of the

Division Bench.

We have considered the material facts of the case. It

is not in dispute that Sree Sree Ramkrishna Satyananda

Ashram is not a Government organization. Hence, no

Government order can possibly be passed mandating that

Ashram to absorb the petitioner as an inmate and provide

work to her. A person cannot be held guilty for contempt of

Court for violation of an order, which is not possible for

that person to implement. Hence, we do not find that there

is any violation, far less willful violation of the Division

Bench's order in question, on the part of the alleged

contemnor.

However, on humanitarian grounds, we request Mr.

Basu Mallick, learned Advocate for the alleged contemnor,

to ascertain as to whether or not the petitioner can be

accommodated in any appropriate Institute. Mr. Basu

Mallick may also ascertain from his client as to whether or

not there is any vacancy in the Deaf & Dumb School in

Raigunj where the petitioner had been earlier appointed.

      Let    this   matter   be   posted   one   week   hence

(01.09.2023).


                                     (Arijit Banerjee, J.)



                                   (Rai Chattopadhyay, J.)