Calcutta High Court (Appellete Side)
Dr. Satrajiat Ghosh vs The State Of West Bengal & Ors on 19 December, 2022
19.12.2022
Sl. Nos.7-9
Crt.No.11
KB. MAT 1008 of 2021
with
IA No. CAN 2 of 2022
with
CAN 3 of 2022
Dr. Satrajiat Ghosh
Versus
The State of West Bengal & Ors.
with
MAT 1009 of 2021
with
IA No. CAN 1 of 2022
with
CAN 2 of 2022
with
Dr. Satrajiat Ghosh
Versus
The State of West Bengal & Ors.
with
MAT 1010 of 2021
with
IA No. CAN 1 of 2022
with
CAN 2 of 2022
with
Dr. Satrajiat Ghosh
Versus
The State of West Bengal & Ors.
Mr. Dilip Kumar Maiti
..... For the Appellant.
Mr. Kallol Basu
Mr. Suman Banerjee
.... For the Respondents/
College Authority.
Mr. Swapan Kumar Datta
Mr. Pradyot Kumar Das
.... For the State Respondent.
Party/parties is/are represented in the order of
their name/names as printed above in the cause title.
These bunch of appeals are placed for analogous
consideration under the heading "To Be Mentioned".
The reason for urgency is cited by the applicants,
who are the Respondents/College Authority in the appeal.
The applicants have preferred CAN 2 of 2022 and
CAN 3 of 2022 primarily seeking an extension of time to
comply with the judgement and order of the Hon'ble
concurrent Division Bench. The Hon'ble concurrent
Division Bench was pleased, inter alia, to direct the
applicants to complete the Departmental Enquiry within
31st January, 2022. It was stated in the said Order that
the time granted to complete the enquiry is both
peremptory and mandatory.
The applicants contend that due to the illness of
the Officer conducting the enquiry, the time limit
prescribed by the Concurrent Hon'ble Division Bench
(supra) could not be complied with by the College
Authority. Accordingly, both by way of CAN 2 of 2022 and
CAN 3 of 2022 as well as the Supplementary Affidavit
filed by the applicants, a prayer is made to extend the
time limit imposed by the concurrent Hon'ble Division
Bench to conclude the Departmental Enquiry.
It would be not out of place to mention at this point
of discussion that each of the three analogous appeals
being MAT 1008 of 2021, MAT 1009 of 2021 and MAT
1010 of 2021 stood disposed of by the said final order of
the concurrent Hon'ble Division Bench dated 20th
December, 2021.
Relying on the judgment reported in AIR 1989 SC
page 2073, AIR 1979 SC page 1769 and an unreported
judgement in Civil Appeal No. 1942 of 2010 (Re: Union of
India & anr. vs. Sharvan Kumar), Mr. Basu, Learned
Counsel appearing in support of CAN 2 of 2022, CAN 3 of
2022 and the Supplementary Affidavit raises the point
that even in disposed of appeals considering the
particular circumstances, a Court is not denuded of its
powers to extend the time.
Mr. Maity, Learned Counsel appearing for the
Respondents in the appeal/the writ petitioner submits
that in effect the prayer made in CAN 2 of 2022, CAN 3 of
2022 and the Supplementary Affidavit is not in effect a
prayer for modification of the final order dated 20th
December, 2021. The administrative instruction of the
Hon'ble Court do not permit a different Hon'ble Division
Bench to take up a prayer connected to the modification
of an order passed by another concurrent Hon'ble
Division Bench.
Mr. Datta, Learned Additional Government Pleader
(AGP) also takes a similar stand to the effect that in a
disposed of appeal no further prayer can be made.
Having heard the parties and considering the
materials placed, this Court is prima facie satisfied with
the stand taken both by Mr. Maity and Mr. Datta,
Learned Counsel (supra). However, at the same time, this
Court notices that the final order dated 20th December,
2021, which is the subject matter of both CAN 2 of 2022,
CAN 3 of 2022 as well as the Supplementary Affidavit
brought before this Court provides that the time limit
imposed by the concurrent Hon'ble Division Bench is
both peremptory and mandatory.
In such view of a categorical imposition of time by
the concurrent Hon'ble Division Bench, arguably if this
Court has to accept the submission of the applicants as
to whether time can be extended in a disposed of appeal,
such stand can only be taken before the appropriate
concurrent Hon'ble Division Bench.
Accordingly, let these applications stand released
from this list with liberty to take appropriate steps before
the appropriate concurrent Hon'ble Division Bench.
Affidavit of Service filed in Court today be retained
with the record.
All parties to act in terms of a copy of the order
downloaded from the official website of this Court.
(Supratim Bhattacharya,J.) (Subrata Talukdar,J.)
