For The vs Union Of India &
2023 Latest Caselaw 2991 Cal

43     27.04.2023
tbsr   Ct. 39

                                      CPAN 469 of 2023
                                             in
                                      WPA 2074 of 2008

                           Mr. Swarnendu Ghosh
                           Mr. Bidhayak Lahiri
                           Ms. Bhaswati Lahiri
                                        .....for the petitioner

This is an application under Article 215 of the

Constitution of India read with the Contempt of Court

Act.

Affidavit of service filed on behalf of the petitioner

is taken on record.

Learned counsel appearing on behalf of the

petitioner submits as follows. By an judgment and

order dated 24.11.2022 passed by this Court in WPA

No. 2074 of 2008 (Suvasis Dey Vs. Union of India &

Ors.), this Court had quashed the impugned order and

directed that the petitioner shall be entitled to

reinstatement and/or back wages and other benefits,

as may be applicable in accordance with law. This order

was passed in presence of the learned counsel for the

Union of India. Thereafter, the order was duly

communicated to the alleged contemnors. No appeal

has yet been filed against such order. Yet, the order

has not been complied with. There is deliberate and

gross violation of the order passed by this Court.

I have heard the learned counsel for the

petitioner and perused the application.

It appears that the order passed by this Court

has not been complied with.

Therefore, a prima facie case is made out for

issuance of notice of contempt.

Accordingly, the petitioner is directed to serve a

notice and a copy of the application to the alleged

contemnors indicating the next date of hearing.

List this matter for hearing on 18th May, 2023.

Urgent photostat certified copies of this order

may be delivered to the learned Advocates for the

parties, if applied for, upon compliance.

(Jay Sengupta, J.)