Md. Kawsar Ali vs The West Bengal Central School
2023 Latest Caselaw 6895 Cal

14      09.10.2023                     FMA 108 of 2015
                                                 with
Ct-08                      I.A No. CAN 1 of 2014(Old CAN No. 11479 of 2014)

                                          Md. Kawsar Ali
                                               Vs.
                                  The West Bengal Central School
ar                                  Service Commission & Ors.


                          1.

The parties are not represented nor any

accommodation is prayed for on behalf of the

parties.

2. The appeal had appeared in the warning

list of cases on and from 19th September, 2023

with a clear indication that the said matter shall

be transferred to the Regular Bench on

6.10.2023. The appeal was appeared on

6.10.2023 and is again listed today. All the

parties have sufficient notice about the listing of

the matter before the Regular Bench on and from

6th October, 2023.

3. The appeal was filed on 28.8.2014. The

record shows that no attempt has been made to

move this appeal after it was filed. No step has

been taken to serve notice and prepare paper

books. It clearly shows that the appellant is not

interested to proceed with the appeal.

4. However, in view of the of the judgment of

the Hon'ble Supreme Court in the case of

Pramod Kumar Srivastava Vs. Chairman,

Bihar Public Service Commission, Patna &

Ors., report in (2004)6 SCC 714 refusing re-

evaluation of the answer scripts in absence of the

provision in the statute the appeal fails.

5. In view of the above, the appeal is

accordingly dismissed along with the connected

application.

(Uday Kumar,J.) (Soumen Sen, J.)