Dr. Anil Kumar Pushkar vs State Of West Bengal & Ors
2023 Latest Caselaw 6326 Cal

20.09.2023
 SL No. 18
Court No. 8
   (gc)


                         MAT 1582 of 2019
              CAN 1 of 2020 (Old No: CAN 1381 of 2020)
              CAN 2 of 2020 (Old No: CAN 1382 of 2020)

                       Dr. Anil Kumar Pushkar
                                Versus
                     State of West Bengal & Ors.

                        Mr. Amarendra Chakraborty
                                                ...for the Appellant.
                        Mr. Partha Sarathi Sengupta, Sr. Adv.,
                        Mr. Soumya Majumder,
                        Mr. Victor Chatterjee,
                        Ms. Mayuri Ghosh
                                    ...for the Presidency University.

                          Re: CAN 1 of 2020
                     (Old No: CAN 1381 of 2020)

                   1.

Sufficient cause being shown for not being able

to file the memorandum of appeal within the

period of limitation.

2. The delay of 390 days in filing the memorandum

of appeal is condoned.

3. Accordingly, the application for condonation of

delay is allowed and disposed of.

Re: MAT 1582 of 2019 With CAN 2 of 2020 (Old No: CAN 1382 of 2020)

1. In view of the fact that the appellant stands on

the same footing as that of Dr. Satyadeo Prasad

and a Coordinate Bench on 30th July, 2019

dismissed the appeal preferred by Dr. Satyadeo

Prasad in MAT 1304 of 2018 with CAN 8881 of

2018, the present appeal involving similar

questions of law and fact are required to be

dismissed.

2. In fact, Dr. Satyadeo and the present appellant

filed the writ petition jointly but have decided to

file two separate appeals. In fact, the appeal was

dismissed by the Coordinate Bench on 30th July,

2019 and only thereafter the present appeal has

been filed with a prayer for condonation of delay.

3. We have been informed that judgment in Dr.

Satyadeo Prasad has attained finality.

4. On such consideration, we do not find any

reason to interfere with the impugned order and

affirmed the same on the reasoning in Dr.

Satyadeo Prasad (supra) decided by the

Coordinate Bench on 30th July, 2019.

5. Accordingly, the appeal and the application

stand dismissed.

6. However, there shall be no order as to costs.

7. Urgent Photostat certified copy of this order, if

applied for, be given to the parties on usual

undertaking.

(Prasenjit Biswas, J.) (Soumen Sen, J.)