Ashis Mukherjee vs Dr. Sabyasachi Basu Raychaudhury ...
2022 Latest Caselaw 1927 Cal

08.04.2022

Court No.8 (gc) CPAN 169 of 2021

Ashis Mukherjee Vs.

Dr. Sabyasachi Basu Raychaudhury & Anr.

In MAT 193 of 2019

Mr. Piush Chaturvedi, Mr. Tarun Kumar Das, ...for the Petitioner/Applicant. Mr. Arunangshu Chakrabarty, ...for the Alleged Contemnors.

We have not issued the rule on the earlier occasion

as we were of the view that an opportunity should be

given to the alleged contemnors to comply with our order.

We directed the alleged contemnor No.2 to be personally

present on the adjourned date with an affidavit of

compliance. However, alleged contemnor No.1 is present

in Court today.

Mr. Arunangshu Chakrabarty, learned Counsel

appearing on behalf of the alleged contemnors submits

that although the Special Leave Petition preferred by the

University, namely, SLP No.3268 of 2021 was dismissed

on 10th December, 2021, but by reason of some

judgments of the Hon'ble Supreme Court, the applicant is

not entitled to the service benefits as directed by us in

terms of our order dated 15th December, 2020.

This submission clearly defies logic and establishes

contempt ex facie.

In view of the aforesaid, we direct the department to

issue rule against the alleged contemnor No.2.

The pendency of this contempt application shall

not preclude the alleged contemnors to comply with our

order dated 15th December, 2020, that is to say, to release

the service benefits of the petitioner.

The word "retiral benefits" in the 1st page, 4th

paragraph, 3rd line of the order dated 11th March, 2022

shall be deleted and substituted by "service benefits".

The rule is made returnable on 17th June, 2022.

(Saugata Bhattacharyya, J.) (Soumen Sen, J.)

Rule is drawn in separate sheet