Calcutta High Court (Appellete Side)
Bimalendu Bhattacharyya vs Akhil Ghosh And Another on 14 June, 2019
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
1
14th June,
2019
(SKB)
CPAN 732 OF 2017
In
W.P. 22990 (W) of 2016
Bimalendu Bhattacharyya
Vs.
Akhil Ghosh and another
Mr. Biswarup Biswas,
Mr. Majnu Sk
... for the applicant.
Affidavit of service filed in Court today be kept with the record.
The changes to the cause title as mentioned in the order dated 5th April,
2019 have been carried out by the applicant/petitioner and the corrected
contempt application has been served on the alleged contemnors sometime in
May, 2019.
Counsel for the applicant/petitioner placed an order dated 3rd October,
2016 passed by the Hon'ble Justice Rajiv Sharma (as His Lordship then was) by
which the respondent no.5 being the District Inspector of Schools (SE), Hooghly,
was directed to issue a "no objection certificate" to the petitioner within a period of three weeks from the date of communication of that order.
The petitioner had prayed for issuance of a"no objection certificate" with regard to his transfer to a nearby school in the writ petition. 2 By a subsequent order dated 21st December, 2016, the earlier order was corrected to the effect that the direction would be in relation to the respondent no.6 being the Secretary, Digra Mallickhati Deshbandhu Vidyapith, P.O. Saradapalli, P.S. Bhjadreswar, Dist.-Hooghly, in stead of respondent no.5, District Inspector of Schools (SE), Hooghly.
Counsel for the applicant/petitioner submits that despite the orders there has been no compliance on the part of the alleged contemnors. Despite service, the alleged contemnors are not represented.
Having regard to the above, this court is accordingly of the view that Rule is necessary to be issued against the alleged contemnors in the facts of the case.
The Rule is made returnable after six weeks.
Special Messenger cost to be put in by the petitioner.
(Moushumi Bhattacharya, J.)