Smt. Sabitri Mahata vs Swapan Samanta & Anr
2023 Latest Caselaw 6786 Cal

 03 & 04
05.10.2023
  A.G.M.


                         In The High Court At Calcutta
                            Special Civil Jurisdiction
                                 Appellate Side

                                C.P.A.N. 1053 of 2023
                                          in
                                W.P.A. 18303 of 2015

                             Smt. Sabitri Mahata
                                   -versus
                            Swapan Samanta & Anr.

                                     With
                             W.P.A. 29065 of 2013
                         Swapan Kumar Hazra & Ors.
                                    -versus
                        The State of West Bengal & Ors.


                      Mr. Rudranil De,
                      Mr. Lal Ratan Mondal,
                      Mr. Dilip Kumar Sadhu,
                      Mr. Avik Kumar Das.
                                   ...For the Petitioner.

                      Mr. Kallol Bose,
                      Mr. Sumon Banerjee,
                      Mr. Saumyajit Ghosal.
                                   ...For the Teacher-in-charge.

                      Mr. Jayanta Samanta.
                      Mr. Kushal Biswas.
                                  ...For the State.



                   Affidavit filed on behalf of the contemnor no. 2 is
             taken on record.
                   An issue has been raised by the Teacher-in-
             Charge of the school, the contemnor no. 2 with regard
             to the maintainability of the contempt application
             before this Bench.
                   Be it recorded that the judgment was passed by
             this Bench was carried in appeal and affirmed by the
             Hon'ble Division Bench. Special Leave Petition preferred
                         2




against the order passed by the Hon'ble Division Bench
was withdrawn before the Hon'ble Supreme Court.
         In view of the law laid down by the Hon'ble three
Judge Bench of this Court in the matter of Sailesh
Kumar -Vs- Smitha R & Another reported in 2023
SCC online Cal 1152, the contempt application will be
maintainable before the Single Bench which passed the
order.
         It appears that the contemnor no. 2 claiming to
be the teacher-in-charge of the school raises certain
issues with regard to the selection process.
         Be it recorded that the school was all along a
party in the diverse writ petitions filed by the petitioner
and the private respondent. The said issue was never

raised before the Court. After judgment was delivered and affirmed by the Hon'ble Division Bench, the said issue cannot be permitted to be reopened at this stage.

The cause of action for filing the writ petition(s) arose in the year 2013 and the issue was set at rest by this Bench in March, 2023. The Hon'ble Division Bench affirmed the judgment of this Bench in June, 2023 and the Special Leave Petition stood withdrawn before the Hon'ble Supreme Court in July, 2023. The matter ought not to linger any further. The petitioner ought to enjoy the fruit of success without any further delay.

The alleged contemnor no. 2 is personally present in Court and hands over the appointment letter of the petitioner to the learned advocate representing the petitioner in Court today. The same is received by the advocate-on-record of the petitioner by putting his signature on a copy of the appointment letter.

The District Inspector of Schools is directed to approve the appointment of the petitioner immediately.

List on 16th October, 2023 under the heading 'To Be Mentioned'.

( Amrita Sinha, J.)