Calcutta High Court (Appellete Side)
Pg (Union Of India & Ors vs Amal Sarkar) on 19 July, 2019
1
04 19.07.2019 W.P.C.T. 55 of 2019
pg (Union of India & Ors. vs. Amal Sarkar)
Mr. Rabindra Nath Bag
Mr. Sudhir Bhowmick ..............for the petitioners
Mr. Ujjal Ray
Mr. Arpa Chakraborty..........for the respondent
In this writ petition, an order dated June 06, 2018 passed by the Central Administrative Tribunal, Kolkata Bench (hereafter the 'tribunal') allowing O.A. 609/2017 is under challenge. Such challenge is at the instance of the respondents in O.A. 196 of 2013.
We are informed that the tribunal following the order dated June 06, 2018, which is under challenge herein, disposed of O.A. 196 of 2013 by an order dated July 27, 2018. In a proceeding for contempt arising out of the order dated July 27, 2018, compliance report has been submitted and the contempt application is awaiting final disposal.
Apprehending that the contempt proceeding could end in conviction, the petitioners have presented this writ petition belatedly.
In view of the fact that the petitioners have decided to comply with the order dated July 27, 2018 which, we are informed was entirely based on the impugned order dated June 06, 2018, and such compliance was not effected preserving their rights to challenge the order dated June 06, 2018 at any subsequent point of time, we find no reason to entertain this writ petition at this distance of time. The writ petition stands dismissed.
It shall be open to the petitioners to raise all 2 points that are available to them in defence while defending the contempt application before the tribunal.
Insofar as the respondent herein is concerned, we note that he has not applied for contempt but has applied for execution of the order.
The parties shall be at liberty to participate in such proceeding and raise appropriate claims/counter- claims.
We hope and trust that the tribunal shall pass appropriate orders as the circumstances warrant while disposing of the execution and contempt proceedings.
There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously. (SAUGATA BHATTACHARYYA, J.) (DIPANKAR DATTA, J.)