Apurba Kanti Ghosh & Anr vs Raja Ghosh & Anr
2022 Latest Caselaw 634 Cal

17.02.2022

Court No.6.

S. De Through Video Conference

W.P.C.R.C. 35 of 2018 In W.P.A. 1454 of 2017

Apurba Kanti Ghosh & Anr.

Vs Raja Ghosh & Anr.

Mr. Bikash Ranjan Neogi, Ms. Soma Chakraborty, Ms. Ananya Neogi, ...for the petitioners.

Mr. Ratul Biswas, Ms. Susmita Sen, ...for the alleged contemnors.

An affidavit described as "affidavit-of-

compliance" has been filed in Court today on behalf of

the alleged contemnors. It is stated in the affidavit

that a Memo dated September 13, 2021, has been sent

by the Chairman of the Birbhum D.P.S.C. to the

Commissioner of School Education, Government of

West Bengal, attaching thereto a calculation sheet

showing the dues of the petitioners for the period

12.11.1999 till 21.05.2010 and asking the

Commissioner to do the needful. Learned advocate for

the alleged contemnors says that there has been no

response from the Commissioner of School Education.

The judgment and order, violation whereof is

alleged in this contempt application, was passed on

May 21, 2010. The appeal against the order preferred

by the DPSC was dismissed for default some time in

February 20, 2016. It is not understood as to why the

order has not yet been complied with. This speaks

volumes about the tardy and lackadaisical attitude of

the concerned officers in the administration. Both the

petitioners have retired by now, one on March 1, 2020

and the other on February 1, 2017. Learned counsel

for the DPSC says that for everything, they need the

approval of the Commissioner of School Education.

How the DPSC is going to comply with the order is the

DPSC's headache. Of course, it is expected of the

Commissioner of School Education to do everything

that he is required to do to enable the DPSC to comply

with this Court's order in question. If the

Commissioner fails, neglects or refuses to do so, he

will become party to violation of this Court's order

attracting proceedings under the Contempt of Courts

Act.

I adjourn this matter for three weeks. I ardently

hope and expect that on the next date learned counsel

appearing for the alleged contemnors will be able to

tell this Court that the order in question has been

complied with. In case the Court finds that even on

the next date the order is still not complied with, and

the Commissioner of School Education is responsible

for that, this Court may have no option but to take

appropriate steps against him.

List this matter on March 10, 2022.

Urgent certified photostat copy of this order, if

applied for, shall be given to the parties as

expeditiously as possible on compliance with all the

necessary formalities.

(Arijit Banerjee, J.)