S.U.Khan, J.
The argument of learned counsel for the petitioner is that one Kalyan Kumar Dass an employee of a School run by Christian Community was suspended on the ground of moving the court against a Judge. Calcutta High Court took cognizance of the matter in the form of C.C. No.25 of 1998 (a contempt petition). Copy of order dated 2.6.1998 passed in the said case is Annexure4 to the contempt petition. In the said order Calcutta High Court passed an order that Clause 61 of the Book of Discipline in so far as it restricts the power of the employees to involve the church in litigation and Clause 1262 Item 8 of the said book which restricts the right to move the court should not be given effect to until those are revoked formally.
The grievance of the applicant is that he made some request to Judicial Council for clearance certificate with reference to judicial council decision no.450 stating that the period for which he was under disciplinary action had been completed. But Secretary, Judicial Council, M.C.I. made a recommendation on 7.5.2008 which is Annexure13 to the writ petition to the following effect:
"Since disciplinary action was taken against Mr. Ajeet N. Anson by the Lucknow Regional Conference, the case is referred to the Lucknow Regional Conference for any further action."
This reference by no stretch of imagination can amount to any contempt.
Accordingly, this contempt petition is dismissed. However, if the applicant has got any other legal remedy then he may pursue the same notwithstanding the dismissal of this civil contempt petition.
