Dr. Ashish Mukherjee & Anr vs Union Of India & Ors on 4 July, 2011

[Cites 0, Cited by 2]

Calcutta High Court (Appellete Side)

Dr. Ashish Mukherjee & Anr vs Union Of India & Ors on 4 July, 2011

Bench: Ashim Kumar Banerjee

                                            1


                   IN THE HIGH COURT AT CALCUTTA
                        Constitutional Writ Jurisdiction

Present   :

The Hon'ble Justice Ashim Kumar Banerjee
                   -And-
The Hon'ble Justice Prabhat Kumar Dey

                                W.P.C.T. 137 of 2011
                                 Dr. Ashish Mukherjee & Anr.
                                           -Versus-
                                     Union of India & Ors.


For Petitioners            :       Mr. Kushal Paul

For Respondents            :       Mr. Arun Kumar Chattopadhyay

Judgment on :- July 04, 2011 The application was moved before the Tribunal on April 19, 2011 when the Tribunal gave directions for filing affidavits. The respondent was supposed to file affidavit-in-opposition by May 03, 2011 and the petitioner was to file rejoinder within one week thereafter and the matter was directed to be listed on May 10, 2011. On May 10, 2011, when the matter came before the Tribunal, the respondents filed their affidavit-in-opposition and served copy of the same upon the learned Advocate as we find from paragraph eight of the petition.

The learned Counsel appearing for the U.P.S.C. does not dispute such contention. He, however, submits that the Tribunal specifically asked the learned Counsel appearing for the petitioner whether he would be filing any affidavit-in- reply, which he denied. We, however, do not find any such recording by the Tribunal in the order impugned.

We feel, interest of justice would sub-serve if we remand this matter back to the Tribunal to be heard afresh.

The order impugned dated May 20, 2011 is set aside.

The petitioner is granted liberty to file affidavit-in-reply before the Tribunal within a week from date.

Let the matter be heard by the Tribunal in the following week subject to the Tribunal's pre-occupation and convenience.

We observe that we have not gone into the merit of the case and leave it open to the parties to agitate all points available to them, which would be dealt with by the Tribunal in accordance with law.

In the meantime, if any appointment is given that would abide by the result of the Tribunal application.

With this observation W.P.C.T. 137 of 2011 is disposed of without any order as to costs.

Urgent xerox certified copy of this order, if applied for, be given to the parties, on priority basis.

( Banerjee, J.) ( Prabhat Kumar Dey , J.) akb.

Unlock Advanced Research with PRISMAI

Calcutta High Court (Appellete Side)