Rita Ghosh vs Sunil Ghosh & Anr
2021 Latest Caselaw 162 Cal

13.01.2021 Court No.13 Item no. 1+2 sp W.P.C.R.C. No. 1 of 2021 In WPA 17482 of 2018

Rita Ghosh

-Versus-

Sunil Ghosh & Anr.

Mr. Arun Naskar, Mr. Girish Chandra Gupta, Ms. Mousumi Konar ...For the petitioner.

Mr. Soumik Ganguli, Mr. Ashok Das, Mr. S. Nandy ...for the alleged contemnor no.1 Mrs. Manjuli Chowdhuri, Ms. Mekhla Sinha ...For Howrah Zilla Parisad

Mr. Debjit Mukherjee, Ms. Rupsha Chakraborty ...For the State.

The Chief Engineer, Howrah Zilla Parishad is

personally present in Court. It is submitted by him

and his learned counsel that the Howrah Zilla

Parishad has no control or representation on the

Narna Gram Panchayet.

The Chief Engineer, Howrah Zilla Parishad, Mr.

Ashit Chakraborty is discharged from the instant

contempt application. His personal presence is

dispensed with.

The Pradhan of the Narna Gram Panchayet, Mr.

Sunil Ghosh is personally present in Court.

Admittedly, he has received the order dated November

30, 2018 of this Court in early 2019. There is

deliberate and willful dishonest conduct on his part in

refusing to comply with the order of this Court.

Learned counsel appearing on behalf of the

Pradhan, Narna Gram Panchayet makes a fervent plea

that his client's conduct should be excused by this

Court.

Non-compliance of a Court's order despite notice

for a period of two years is a deliberate and willful

contempt. The Pradhan ex facie had no intention of

compliance with the order of this Court. It can also be

inferred that he has refused to comply with the order.

This Court clearly finds contempt committed by

the Pradhan, Narna Gram Panchayet.

Learned counsel for the Pradhan seeks a week's

time to comply with the order. Mr. Sunil Ghosh,

Pradhan, Narna Gram Panchayet shall remain

suspended from the post of Pradhan for a period of

two weeks. He shall not discharge any function as

Pradhan and the Upa Pradhan shall discharge day-to-

day functions.

Let this matter stand adjourned for a period of

two weeks to ascertain his willingness to comply with

the order.

The Pradhan ought to have filed an affidavit in

Court today. Absence of such affidavit is an

unconditional admission of contempt of Court. The

penalty to be imposed for such blatant disregard for

orders of Court and contumacious conduct committed

by Mr. Sunil Ghosh, Pradhan shall be dealt with on

the adjourned dated.

The State is represented today as directed by

the Court on March 16, 2020. Since the Pradhan and

Howrah Zilla Parishad are represented in Court, their

presence is not needed any further in the proceedings.

List the matter accordingly.

Urgent photostat certified copy of this judgment,

if applied for, be given to the parties upon compliance

of all formalities.

(Rajasekhar Mantha, J.)