Bimal Kumar Chowdhury vs Muiuri Basu
2023 Latest Caselaw 2617 Cal

   D/L
Item No. 18
17.04.2023
  KOLE
                               CPAN 483 of 2023
                                     In
                               MAT 1158 of 2019

                         Bimal Kumar Chowdhury
                                   -Vs.-
                      Muiuri Basu, IAS, Commissioner,
                      Durgapur Municipal Corporation


              Mr. Amal Kr. Sen,
              Mr. Bipin Ghosh,
                                                         ... for the petitioner.

              Mr. Sandipan Banerjee,
              Mr. Sobhan Majumder,
                                                      ... for the Municipality.


                      This contempt application has been filed alleging

               willful violation of a judgment and order dated September

               29, 2022, whereby MAT 1158 of 2019 along with the

               connected application were disposed of.         The material

               portion of the said order reads as follows:-

                               "In view of the aforesaid the order re-fixing
                               the scale of pay of the respondent/writ

petitioner as well as the order for recovery of overdrawn amount/excess payment are set aside. If recovery of such amount has already been made from the writ petitioner, the same shall be refunded forthwith to him, in any event within a period of 4 weeks from date, with interest at the simple rate of 8% per annum from the date of recovery till the date of repayment.

The concerned authority shall grant an opportunity of hearing to the writ petitioner on the issue of re-fixation of his scale of pay and take a fresh reasoned decision in the matter in accordance with law. Such hearing will be fixed within six weeks from date after giving at least one week's notice to the writ petitioner who will be entitled to urge all points before the competent Authority as to why his scale of pay should be reduced. The reasoned decision will be taken by the Competent

Authority within three weeks from the date of hearing and will be communicated to the writ petitioner within a week thereafter. Till the completion of such exercise, the writ petitioner will be entitled to draw pensionary benefits on the basis of the scale of pay that he enjoyed as on the date of his retirement."

Learned Advocate for the petitioner says that nothing

was done by the Durgapur Municipal Corporation after

passing of the aforesaid order. It was only after a contempt

notice was served on the respondent herein, that an undated

order was passed by the Special Secretary to the Government

of West Bengal, copies whereof were forwarded to the

petitioner and the respondent herein under cover of a letter

dated March 20, 2023. Learned Advocate further says that

the pension of the petitioner is not being disbursed.

Finding Mr. Sandipan Banerjee learned Advocate, in

court, we have requested Mr. Banerjee to represent the

respondent since Mr. Banerjee normally represents

Durgapur Municipal Corporation in litigation before this

Court. A copy of the contempt petition has been made over

by learned Advocate for the petitioner to Mr. Banerjee. Mr.

Banerjee says that the respondents shall file a compliance

report in the form of an affidavit by May 8, 2023. Reply

thereto, if any, be filed by the petitioner by May 15, 2023.

List the matter on May 16, 2023.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)