Calcutta High Court (Appellete Side)
Tarapada Mondal vs Moloy Kanta Murmu on 28 July, 2023
28.07.2023
DL-223
(pp)
CPAN 417 of 2023
in
WPA 5549 of 2016
Tarapada Mondal
Vs.
Moloy Kanta Murmu
With
CPAN 418 of 2023
in
WPA 5549 of 2016
Rajesh Kumar Tripathi
Vs.
Moloy Kanta Murmu
Ms. Arpita Saha
....for the applicants/petitioners.
Mr. Tapan Kumar Mukherjee, AGP,
Mr. Somnath Naskar
...for the alleged contemnor.
In Re: CPAN 417 of 2023
By a judgment and order dated August 26, 2022,
this Court directed the Director of School Education
to consider the petitioners' representation by taking
into account the revised staff pattern that was
submitted on June 9, 2005 before the State
Government for approval of sponsorship for the post
of Peon.
The Director of Mass Education Extension
passed a reasoned order dated November 7, 2022. In
the reasoned order it has been held that the staff
pattern mentioned in the order dated December 21,
2004 is manufactured document and there was no
vacant post of Peon available on that date. However,
there is no discussion with regard to the staff pattern
submitted by the school on June 9, 2005. There is
also no discussion about the fact that why despite the
communication dated February 10, 2006 issued by
the State Government for appointment of a Peon who
was a "Madhyamik Pass" candidate, the candidature
of Sri Tarapada Mondal was not considered.
Mr. Mukherjee, learned Additional Government
Pleader appears for the alleged contemnor and
submits that the said application is not maintainable
since pursuant to the order dated August 26, 2022
the reasoned decision was taken.
This Court, prima facie, finds despite the fact
that a reasoned decision has been taken, the facts
which this Court directed to be taken note of were not
considered in the reasoned order. Furthermore, the
reasons for non-consideration of the said facts have
also not been discussed.
Therefore, this Court directs the alleged
contemnor to file an affidavit explaining why the
directions passed by the Court on August 26, 2022
were not complied with while passing the reasoned
order.
Let such affidavit be filed by August 18, 2023.
Let the matter appear for further consideration
under the same heading "Contempt Application" on
August 25, 2023.
In Re: CPAN 418 of 2023
By a judgment and order dated August 26, 2022,
this Court directed the Director of School Education
to consider the petitioners' representation by taking
into account the revised staff pattern that was
submitted on June 9, 2005 before the State
Government for approval of sponsorship for the post
of Hostel Warden.
The Director of Mass Education Extension
passed a reasoned order dated November 7, 2022. In
the reasoned order it has been held that the staff
pattern mentioned in the order dated December 21,
2004 is manufactured document and there was no
vacant post of Hostel Warden available on that date.
However, there is no discussion with regard to the
staff pattern submitted by the school on June 9,
2005. There is also no discussion about the fact that
why despite the communication dated February 10,
2006 issued by the State Government for
appointment of a Hostel Warden who was a
"Madhyamik Pass" candidate, the candidature of Sri
Rakesh Kumar Tripathi was not considered.
Mr. Mukherjee, learned Additional Government
Pleader appears for the alleged contemnor and
submits that the said application is not maintainable
since pursuant to the order dated August 26, 2022
the reasoned decision was taken.
This Court, prima facie, finds despite the fact
that a reasoned decision has been taken, the fact
which this Court directed to be taken note of was not
considered in the reasoned order. Furthermore, the
reason for non-consideration of the said fact have also
not been discussed.
Therefore, this Court directs the alleged
contemnor to file an affidavit explaining why the
directions passed by the Court on August 26, 2022
were not complied with while passing the reasoned
order.
Let such affidavit be filed by August 18, 2023.
Let the matter appear for further consideration
under the same heading "Contempt Application" on
August 25, 2023.
All parties shall act on the server copies of this
order duly downloaded from the official website of this
Hon'ble Court.
(Lapita Banerji, J.)
