JUDGMENT S.P. Talukdar, J. 1. CLAIMING absorption in the post of Residential Medical Officer and/or Medical Officer, Calcutta, Homeopathic Medical College and Hospital, and praying for quashing the order dated 11th June, 1998, the petitioner filed an application before the learned West Bengal Administrative Tribunal. Learned Tribunal by its judgment and order dated 7th May, 2001 passed in Case No. T.A. 341 of 1998 dismissed the application. Being aggrieved by and dissatisfied with the said judgment and order of dismissal, an application under Article 226 of the Constitution was filed. The Division Bench of this court by order dated 22nd February, 2005 disposed of the said application with direction upon the concerned authority to absorb the petitioner against next available vacancy in the post of Medical Officer in the Calcutta Homeopathic Medical College and Hospital. This court in the said case being WPST No. 803 of 2001 further held that the petitioner would be entitled to all consequential benefits. 2. ALLEGING inaction and deliberate negligence as well as wilful disobedience to the said order of the Division Bench, an application was filed under Contempt of Court Act. In the application filed before the learned Tribunal, the petitioner claimed that he was recruited in the Calcutta Homeopathic Medical College and Hospital as Honorary Junior House Surgeon and Physician for a period from 15th October, 1981 to 8th May, 1982 and Honorary Senior House Surgeon and Physician for a period from 11th May, 1982 to 20th October, 1982. Thereafter he worked as Stipendiary Residential House Surgeon from 21st October, 1982 to 7th May, 1983. During such period the petitioner was enjoying stipend according to prescribed rate per month. Though appointed at a consolidated stipend, the respondents gave him promotion in the Cadre of Senior Residential House Surgeon. On 8th May, 1993, the respondent-authorities expressed their inability to keep petitioner in the said post. The petitioner submitted a representation before the authorities. There was no favourable response. Some of the Residential House Staff, thereafter, approached the High Court by filing a writ application being Civil Rule No.1455 (W) of 1986. The said application was disposed of with direction for making payment of salaries who were terminated from the post of Senior Residential House Surgeon. The Honble Court directed absorption of the petitioners as Medical Officers. But the respondent-authorities did not absorb the petitioner as Medical Officer despite being repeatedly approached. The said application was disposed of with direction for making payment of salaries who were terminated from the post of Senior Residential House Surgeon. The Honble Court directed absorption of the petitioners as Medical Officers. But the respondent-authorities did not absorb the petitioner as Medical Officer despite being repeatedly approached. The authorities, thus, violated Article 14 and 16 of the Constitution. The petitioners legitimate claim for absorption was, thus, ignored. 3. THE Principal Secretary, Health and Family Welfare Department, Govt. of West Bengal by order dated 11th June, 1998 turned down the claim of the petitioner. Being aggrieved by such arbitrary decision on the part of the respondent-authorities, the petitioner approached the learned Tribunal for redressal of his grievances. The learned Tribunal however, dismissed the claim of the petitioner thereby compelling the petitioner to knock the doors of this court. Having regard to the fact that two other Medical Officers, practically on similar footing, were absorbed, the Division Bench of this court directed absorption of the petitioner as against next available vacancy. Alleging inaction on the part of the authorities and claiming that such authorities had willfully disobeyed the direction of this court, the petitioner approached this court with the instant contempt application seeking redressal of grievances. As against this, the alleged contemnors filed their respective Affidavit-in- Opposition claiming therein that there had been no disobedience of this courts order nor any deliberate negligence on their part. 4. THE petitioner by filing the contempt application alleged that the order of the Division Bench dated 22nd February, 2005 was duly communicated to the Assistant Secretary, Department of Health and Family Welfare. Copy of the order which was sent by registered post was duly received by the authorities-concerned on 8th of April, 2005. The petitioner received a letter from the Joint Secretary dated 25th April, 2005 which contained an assurance that the concerned department was searching for an available vacancy, so as to accommodate the petitioner in terms of the order of the Division Bench. The petitioner through his advocate then sent a letter dated 26th September, 2005 thereby communicating that there are available vacancies in the Calcutta Homeopathic Medical College and Hospital. The petitioner received a further letter from the Joint Secretary dated 3rd October, 2005 which was another attempt on the part of the authorities to conceal the truth and frustrate the process of law. The petitioner received a further letter from the Joint Secretary dated 3rd October, 2005 which was another attempt on the part of the authorities to conceal the truth and frustrate the process of law. The authorities allowed Medical Officer, Dr. Tapas Ghosh to join in the vacant post on 4th October, 2005 and thereby the legitimate claim of the petitioner was ignored. The petitioner further alleged that the copy of the official communication under Memo No.4F/0/ISMH/473/3H/-119/03 dated 23rd October, 2003 from the Joint Secretary, Department of Health and Family Welfare addressed to the Director of Homeopathy, West Bengal, reveals that the post of Medical Officer ought to have been vacant in view of the transfer of Dr. Shyamali Ghosh to Dr. D.N. Dey, Homeopathic Medical College and Hospital. Such allegations as made by the applicant/writ petitioner have been sought to be brushed aside by the alleged contemnors. Alleged contemnor No.4 is the Joint Secretary, Department of Health and Family Welfare, Govt. of West Bengal. By filing an Affidavit-in-Opposition, he stated that there are two sanctioned posts for Medical Officer in Calcutta Homeopathic Medical College and Hospital, which is a 50 bedded hospital. According to him, the said two posts have already been filled up by (1) Dr. Aparesh Bhattacharyya and (2) Dr. Prasanta Das. This was well before the order dated 22nd February, 2005 passed by the learned Division Bench of this court. Since there was no vacancy in the post of Medical Officer, it could not be possible to accommodate the writ petitioner. Respondent No.4 then claimed that Dr. Tapas Ghosh was posted as Homeopathic Medical Officer at Bijanbari State Homeopathic Dispensary, Darjeeling. He was transferred in the temporary post of Resident Medical Officer in Calcutta Homeopathic Medical College and Hospital under Notification dated 10th January, 2005. He joined in the said temporary post of Resident medical Officer on 4th October, 2005. Post of Resident Medical Officer is different from that of Medical Officer as per regulation of Central Council of Homeopathy. It was then claimed that Dr. Shyamali Ghosh of D.N.De Homeopathic Medical College and Hospital was placed as Medical Officer in addition to those two Medical Officers of the said College. Her salary was being drawn from D.N.De, Homeopathic Medical College and Hospital, which is her original place of posting. Since there was no vacancy in this college, she had to work on deputation. Shyamali Ghosh of D.N.De Homeopathic Medical College and Hospital was placed as Medical Officer in addition to those two Medical Officers of the said College. Her salary was being drawn from D.N.De, Homeopathic Medical College and Hospital, which is her original place of posting. Since there was no vacancy in this college, she had to work on deputation. The order of posting dated 23rd October, 2003 in the Annexure F to the Contempt petition shows that Dr. Shyamali Ghosh was placed at D.N.De Homeopathic Medical College and Hospital on deputation wherefrom her salary was being drawn throughout the deputation period. The said order dated 23rd October, 2003 was issued long before the judgment and order dated 22nd February, 2005. Respondent No.4, thus, categorically claimed that there had been no wilful disobedience or deliberate negligence to the order of this court. Respondent No.1 also filed a separate Affidavit-in-Opposition whereby he virtually echoed the stand of Contemnor No.4. 5. THE petitioner by filing an Affidavit-in-Reply claimed that Dr. Tapas Ghosh and Dr. Jayanta Coomar Maity are not eligible for their appointment as Residential Medical Officers in Calcutta Homeopathic Medical College and Hospital since they were previously attached to the said Homeopathic Health Centre and Calcutta Homeopathic Medical College and Hospital is an educational institution. The petitioner further stated that appointment of Dr. Ghosh and Dr. Maity as R.M.O., which is being described as temporary appointment is an attempt to block the sanctioned post of R.M.O., as their services are availed by the institution for a few years even after the categorical direction of the Honble Court that the petitioner shall be absorbed in the next available vacancy. The petitioner, thus, alleged that the respondents/contemnors have deliberately denied to absorb the petitioner in permanent sanctioned post of Residential Medical Officer on the false plea that there exists no vacancy for appointment/absorption of the petitioner. Such deliberate act on the part of the contemnors has lowered the dignity of the Honble Court and the alleged contemnors have intentionally disobeyed the order dated 22nd February, 2005. 6. THE West Bengal State Homeopathic Health Service Act, 2002 is an Act to provide for the regulation of the recruitment, and conditions of service of persons appointed to the State Homeopathic Health Service. Admittedly, there are two services i.e., (1) THE West Bengal Homeopathic Education Service and (2) THE West Bengal Homeopathic Health Service. 6. THE West Bengal State Homeopathic Health Service Act, 2002 is an Act to provide for the regulation of the recruitment, and conditions of service of persons appointed to the State Homeopathic Health Service. Admittedly, there are two services i.e., (1) THE West Bengal Homeopathic Education Service and (2) THE West Bengal Homeopathic Health Service. Section 4 of the said Act of 2002 lays down that no person appointed to the West Bengal Homeopathic Education Service shall be transferred to the West Bengal Homeopathic Health Service. There is however, provision for exercise of option for the Health Service by a person holding a teaching post in the basic level. Section 10 lays down that the persons appointed in West Bengal General Service as Homeopathic Medical Officers be included in the West Bengal Homeopathic Health Service. Section 11 points out that Homeopathic Medical Officers included in West Bengal Health Service shall not be allowed to opt for West Bengal Homeopathic Education Service. Mr. Moitra on behalf of the petitioner argued at length on such procedural aspects relating to appointment and transfer of medical persons attached to Homeopathic Education Service as well as Homeopathic Health Service. A detailed analysis of all such facts does not seem to be necessary for the purpose of adjudicating as to whether there had been an act of deliberate negligence or wilful disobedience. The statutory definition of civil contempt involves the existence and proof of the following pre-conditions before a person can be held to have committed civil contempt: - (1) There must be a judgment or order or decree or direction or writ or other process of a court; or An undertaking given to a court; (2) The judgment etc. must be of and undertaking must be given to a court; (3) There must be a disobedience to such judgment etc. or breach of such undertaking; (4) The disobedience or breach, as the case may be, must be wilful. 7. IT may be mentioned that disobedience of an order or breach of an undertaking might take a positive form or a negative form. IT is positive when a person disobeys a judgment or order or breaks an undertaking requiring him to do a specified act. IT is negative when a person refuses or neglects to do what is ordered or undertaken within the time specified. IT is positive when a person disobeys a judgment or order or breaks an undertaking requiring him to do a specified act. IT is negative when a person refuses or neglects to do what is ordered or undertaken within the time specified. IT is needless to mention that circumvention may also take place by inaction. 8. IN order to establish that the contemnors/respondent-authorities are guilty of contempt, it is necessary for the petitioner to show that there had been a vacancy in the post of Medical Officer in the Calcutta Homeopathic Medical College and Hospital and that the authorities despite having such a vacancy failed to absorb the petitioner. No doubt, there are materials on record showing that the concerned authorities have made certain transfers or shiftings of Medical Officers from here and there. According to Mr. Moitra appearing as learned Counsel for the petitioner, those have been done in order to frustrate the order of this court and with the clear intention of not absorbing the petitioner in the next vacancy. There cannot be any dispute that the precondition for liability is that the order must be enforceable. Disobedience takes place when there is a non-compliance of an order made by a court. It is well settled that the order has to be complied with in its letter and spirit and mere notional compliance is not enough. Mere pretence of compliance of the directions cannot also persuade the court to refrain from exercising its contempt power. 9. SO far the present case is concerned, this court by its judgment and order under reference directed absorption of the petitioner in the next available vacancy. The State cannot take refuge in the plea that there had been no vacancy at all subsequent to passing of the said order though there had been occasions to accommodate others. An order of the court is required to be properly complied with and the intention of the court must be carried out in the strict sense. Circumvention may amount to breach. Such circumvention may also take place by inaction. This court cannot appreciate any conscious calculated effort on the part of any administrative authority to circumvent any order of this court. 10. ADMITTEDLY, well after passing of the order dated 22nd February, 2005, one Dr. Tapas Ghosh joined in Calcutta Homeopathic Medical College and Hospital. Circumvention may amount to breach. Such circumvention may also take place by inaction. This court cannot appreciate any conscious calculated effort on the part of any administrative authority to circumvent any order of this court. 10. ADMITTEDLY, well after passing of the order dated 22nd February, 2005, one Dr. Tapas Ghosh joined in Calcutta Homeopathic Medical College and Hospital. This had been sought to be justified by pointing out that Dr. Ghosh joined in the temporary post of Resident Medical Officer and the said post is different from that of Medical Officer. Then again, Dr. Shyamali Ghosh was placed as Medical Officer in addition to the Medical Officers of the College and this again had been sought to be justified by pointing out that her salary was being drawn from D. N. De Homeopathic Medical College and Hospital. The manner in which postings have been made and other doctors have been accommodated perhaps unconsciously reflects the subconscious mind of the authorities. And, such subconscious mind is eager to ensure that the petitioner is not accommodated on the plea that there had been no available vacancy. 11. IT is difficult to appreciate the attitude on the part of the said respondents. If any order of the court appears to be unreasonable or unjust, there is every scope to assail the same. IT is painful to come across thousands of cases where the authorities are found to be suffering from painful inertia of inaction. They do not file any appeal. They do not approach the court for review/modification. But they continue to remain inactive and indifferent. This results in litigation explosion. IT affects the confidence of the people in the administration of justice. IT threatens the Rule of Law. This attitude, unless effectively taken care of, is likely to result in functional disorder. IT is difficult to understand as to how the authorities fail to appreciate the far-reaching consequences of such inaction and indifference. 12. NOBODY can dispute that the Rule of Law is the foundation of a democratic society. The right to obtain judicial redress is a feature of the basic structure of our constitution. The people of the country are blessed with a written constitution. It is through the courts the Rule of Law reveals its meaningful content. The foundation of judiciary is the trust and the confidence of the people in its ability to deliver justice. The right to obtain judicial redress is a feature of the basic structure of our constitution. The people of the country are blessed with a written constitution. It is through the courts the Rule of Law reveals its meaningful content. The foundation of judiciary is the trust and the confidence of the people in its ability to deliver justice. This foundation cannot be permitted to be shaken by acts or omissions of any authority. After due consideration of all relevant facts and materials, we find it difficult to brush aside the agony and the anguish of the petitioner under carpet. The facts and circumstances as revealed from the materials on record, clearly establish that the alleged contemnor failed to carry out this courts order dated 22nd February, 2005 and it was undoubtedly deliberate and wilful. So, the present application being W.P.C.R.C. No.56 of 2008 succeeds and the alleged contemnor Nos.1 and 4 are found guilty. Both of them are hereby directed to be present in court 8 weeks from this date. 13. THIS application be listed accordingly.