Sanpak Business Solutions And ... vs Assistant Commissioner
2023 Latest Caselaw 4123 Cal

5.7.2023
    ks                     WPA 15139 of 2023
 sl. 16
              Sanpak Business Solutions And Trade LLP & Ors.
                               Vs
           Assistant Commissioner, State Tax, Bureau of
           Investigation, South Bengal & Ors.

           Mr. Pranit Bag,
           Mr. Ghanshyam Jha
                         ... For the Petitioner.
           Mr. A. Ray, Ld. GP.,
           Mr. T.M. Siddiqui,
           Mr. T. Chakraborty
                           ... For the State.


               Heard both the parties.

              Petitioner   has   filed   this   writ   petition   being

           aggrieved by the inaction on the part of one Ms.

           Chaitali Banerjee, Assistant Commissioner, State Tax,

           Bureau of Investigation, South Bengal (HQ), who is the

           respondent No.1 in compliance of the earlier order of

this court dated 14th June, 2023, passed in WPA

11179 of 2023 by which the said respondent was

asked to consider and dispose of the representation of

the petitioner dated 26th April, 2023, within a period of

seven days from the date of communication of the said

order after giving opportunity of personal hearing to

the petitioner or its authorised representative and after

taking into consideration one decision of the Hon'ble

Gujarat High Court. Not only that the aforesaid

respondent, Ms. Chaitali Banerjee has violated the

aforesaid earlier order of this court in the aforesaid

manner by not giving personal opportunity of hearing

to the representative of the petitioner named Mr.

Ghansham Jha, who is a learned Advocate of this

court, the said Ms. Chaitali Banerjee has threatened

the said learned Advocate on the date of such personal

hearing and misbehaved and insulted him and used

ill-temperate language against him and warned him

and the said learned advocate has put on record her

as such behaviour by a written letter dated 23.06.2023

being annexure P/10 at page 206 of this writ petition.

She has also shown defiance to the order of this court

by recording that she will not consider the aforesaid

judgment in spite of specific order of this court to

consider the same. Such an act of a Government

Officer, if it is proved to be true, she will not only lose

her job but she will also be held liable for contempt of

court. But before taking any drastic action by this

court for violation of the order of this court and

misbehaving with learned Advocate of this court, one

opportunity is being given to her to explain her alleged

misconduct.

Considering the facts as recorded hereinabove,

which is substantiated by record, Ms. Chaitali

Banerjee, Assistant Commissioner of State

Tax/respondent No.1 is directed to be personally

present in court on 10.7.2023 at 10-30 a.m. to explain

her conduct.

Let a copy of this order be forwarded to the

Commissioner of State Tax, West Bengal who will take

note of such misconduct of this Officer for her service

record.

Learned Additional Government Pleader and the

learned Advocate appearing for the petitioner both will

communicate this order to the aforesaid respondent

and to the Commissioner of State in course of

tomorrow positively.

( Md. Nizamuddin, J. )