Calcutta High Court (Appellete Side)
Utpal Kumar Biswas vs Union Of India & Ors on 31 January, 2023
1 IN THE HIGH COURT AT CALCUTTA
31.01.2023 CONSTITUTIONAL WRIT JURISDICTION
sb
Ct 550 APPELLATE SIDE
WPA 36768 of 2013
Utpal Kumar Biswas
Vs.
Union of India & Ors.
Mr. Achin Kumar Majumder
... For the petitioner.
Ms. Aparna Banerjee
... For the respondents.
Records reveal that by an order dated 19th February,
2014, this Hon'ble Court was pleased to pass an interim
order. The relevant portion of the order is setout
hereunder:-
"In view of the perceived mala fide conduct in
the original charge-sheet being dropped and a
modified charge-sheet being filed to bypass an order
of court, there will be a complete stay of further
proceedings against the petitioner".
The aforesaid order was carried in appeal and the
Hon'ble Division Bench of this Court did not interfere with
the aforesaid interim order.
During the pendency of the aforesaid writ
application, the enquiry officer issued a notice dated 25th
January, 2019, calling upon the petitioner to appear
before him on 5th March, 2019.
Since the respondents were attempted to proceed
with the inquiry, despite the interim order, the matter was
listed on mentioning, when it appeared that the Senior
Divisional Security Commissioner, RPF, Eastern Railway,
Howrah had issued the aforesaid notice by referring to a
judgment delivered by the Hon'ble Supreme Court in the
case of Asian Resurfacing of Road Agency Pvt. Ltd. &
Anr. Vs Central Bureau of Investigation, reported in
AIR 2018 S.C.2039, and by treating the interim order
passed by this Court, was deemed to be limited in the
light of the directions passed by the Hon'ble Supreme
Court in the aforesaid judgment.
By an order dated 5th March, 2019, this Hon'ble
Court upon taking into consideration the submissions
made by the respective parties and the judgment referred
to by the respondents, by quoting paragraph 34 of the
judgment referred to above was inter alia pleased to
observed as follows:-
"It appears from the relevant paragraph as
quoted hereinabove that the Hon'ble Apex Court
thought it appropriate to direct that all pending cases
where stay of any civil or criminal proceeding have
been granted and was operating, the same would
come to an end on the expiry of six months from the
date of Their Lordship's order unless similar
extension was granted by a speaking order.
Under such circumstances, I am of the prima
facie view that the respondents did not correctly
interpret the judgment of the Hon'ble Apex Court as
quoted hereinabove.
The petitioner is granted liberty to take such
steps with regard to the aforementioned
communication of the respondent by filing an
appropriate application.
The petitioner will not be expected to attend the
hearing before the enquiry officer and accordingly,
the operation of the communication of the enquiry
officer dated February 26, 2019 is stayed for a
period of two weeks from date. The petitioner will be
at liberty to take steps for extension of this interim
order so passed before the appropriate bench and
also file a Supplementary Affidavit bringing the
subsequent events on record. Such Supplementary
Affidavit should be served upon the learned
Advocate for the respondents".
The aforesaid communication issued by the enquiry
officer dated 26th February, 2019 was also stayed for a
period of two weeks therefrom. The petitioner has since
then taken out an application, being CAN 1 of 2021, inter
alia, praying for extension of interim order. The aforesaid
interim order was extended from time to time and was
lastly extended upto 31st December, 2022. Unfortunately,
the main writ application could not be heard.
Today, Ms. Banerjee, learned advocate representing
the respondents, on instruction, submits that the enquiry
has not proceed with and no further step has been taken
by the enquiry officer.
In view thereof, let the interim order passed by a
coordinate Bench of this Court on 5th March, 2019which
was valid till 31st December, 2022, be re-imposed and the
enquiry officer be restrained from taking further steps
pursuant to the notice dated 26th February, 2019 till the
end of June, 2023 or until further order whichever is
earlier.
Let the writ application appear in the Combined
Monthly List of March, 2023 under the heading "Hearing".
Raja Basu Chowdhury, J.)
