Sri Debashis Kumar Roy vs Smt. Jaya Verma Sinha & Ors
2021 Latest Caselaw 523 Cal

22.01.2021
Ct. No.9
S/L No.1
 KS
                                          (Assigned)
                             IA No. CAN 2/2019 (CAN 4330 of 2019)
                                              In
                                       CPAN 219 of 2016
                                             With
                                    W.PC.T. No.41 of 2010
                                    Sri Debashis Kumar Roy
                                            -Vs.-
                                 Smt. Jaya Verma Sinha & Ors.
                                       (Via Video Conference)




                                       Mr. Kamalesh Bhattacharya
                                       Mr. Goutam Dey
                                                   .....For the Petitioner

                   This is an application for recalling of the solemn

             order/judgment dated 8th June, 2016 passed by the Division

             Bench of this Hon'ble Court in which one of us was a member

             of the bench. The judgment passed in connection with W.P.C.T.

             No.41 of 2010, was alleged to have been violated willfully by

             the contemnor/railway authority and so C.P.A.N. No.219 of

             2016 was taken out by the petitioner alleging willfully

             motivated     and    deliberate    non-compliance      of     the

             order/judgment dated 14.10.2015 passed by the Division bench

             of this Hon'ble Court. In response to the notice, the contemnor

             had appeared and submitted that the order/judgment has been

             complied in its letter and spirit and an order was passed on 8 th
                                  2




June, 2016 when Mr. Malay Kumar Das, along with Mr.

Anirban Dutta, learned counsels appeared on behalf of the

contemnors and submitted compliance of the judgment dated

October 14, 2015 by fixation of inter se seniority in its letter and

spirit by the contemnor/authority.

        Let a notice alongwith a copy of this application together

with the annexures be served upon the contemnor-respondents

nos.1, 2 and 3 within a period of two weeks from the date

hereof by speed post with acknowledgement due and with

further direction to file affidavit of service on the returnable

date.

Let the matter appear two weeks hence under the same

heading.

(Rajarshi Bharadwaj, J.) (Shivakant Prasad, J.)