Calcutta High Court (Appellete Side)
Mohit vs Sri Deepak Verma on 15 July, 2022
15.07.2022
Sl.No. 5
Ct.No.3
Amalranjan
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
CPAN 270 of 2019
In
FMA 1465 of 2018
Mohit
VS
Sri Deepak Verma
Mr. Siddhartha Mitra, Sr.Adv.
Mr. Sumitava Chakraborty
Mr. Bijoy Bag
...for the appellant/petitioner
Mr. Billwadal Bhattacharyya, ld.ASG
Mrs. Ashima Roy Chowdhury
...for the alleged contemnor
Re: CPAN 270 of 2019
This is an application alleging contempt. In
a disciplinary proceeding, on 16th February,
2014 the appellant/petitioner was directed to be
removed from service.
Accordingly, the petitioner was removed
from service on 16th February, 2014.
The petitioner filed a writ application in this
court challenging this decision.
A Division Bench, on 15th February, 2018
observed and directed that the matter be
remitted back to the disciplinary authority which
could impose any punishment except dismissal,
2
removal from service and compulsory retirement
on the petitioner.
The respondent authority filed a Special
leave petition in the Supreme Court challenging
the Division Bench order dated 15th February,
2018. It was dismissed on 7th September, 2018.
On 29th September, 2018, the respondent
authority acting in terms of the Division Bench
order dated 15th February, 2018 awarded the
following punishment to the petitioner (annexure
P-5 of the contempt petition):
"10. In pursuance of the orders/directions
of the Hon'ble High Court Calcutta, No.
102855410 Const./GD Mohit is hereby re-
instated in service by modifying the punishment
of "Removal from Service" to that of "Reduction
of pay to lower stage of Rs. 21700/- as per pay
level 03 of pay matrix Rs. 21700/--69100/- (Pre-
revised Rs. 6460/- + GP Rs. 2000/- in the pay
Band of Rs. 5200 - 20200 + GP Rs. 2000/-) for a
period of five years with further direction that
the petitioner will not earn increments of pay
during the period of reduction and that on expiry
of this period the reduction will have the effect of
postponing the future increments of pay". The
above punishment will be effect from the date of
his removal from service"."
Mr. Mitra, learned senior counsel for the
appellant/petitioner submits that the petitioner
was kept out of service by the respondent
authority from 17th February, 2014 to 12th
October, 2018 and allowed to join on 13th
October, 2018.
Mr. Mitra states that 5 years are over from
the date of removal of the petitioner.
Learned counsel for the respondent
authority further submits that it had taken the
decision of not making any payment of salary to
the petitioner advancing the following reason as
stated in paragraph 3 of the show cause notice
dated 26th October, 2018:
"3. Therefore, it has been proposed to
regularise the intervening period i.e. from
the date of removal from service to the date
of re-instatement of service i.e. from
17.02.2014 to 12.10.2018 for 1699 days as
"Dies Non" for all purpose in the principle of
"No work no pay"."
Mr. Bhattacharya, learned counsel for the
alleged contemnor submits that by the
application of the "Dies Non" Rule (55 of the
Central Industrial Security Force Rules, 2001),
there is no contravention of the said judgment
and order dated 15th February, 2018 of the
Division Bench of this court. He also stated that
the petitioner's salary was being paid. He
pleaded for extension of time to file affidavit-in-
opposition to reveal the case and stand of the
alleged contemnor before consideration whether
a rule should be issued or not.
Let affidavits be exchanged according to the
following directions.
Affidavit-in-opposition by 29th July, 2022.
Affidavit-in-reply may be filed by 12th
August, 2022.
List this contempt application on 26th
August, 2022.
In the meantime, no effect is to be given to
the show cause notice dated 26th October, 2018.
This order of stay of the show cause notice
would in no way interfere with the payment of
salary to the petitioner in accordance with law.
( Subhendu Samanta,J. ) ( I. P. Mukerji,J. )
