Calcutta High Court (Appellete Side)
749/2011 on 8 July, 2011
08.07.2011
gd
W.P.S.T. 246 of 2009
and
W.P.S.T. 312 of 2009
Re: C.P.A.N. 749 of 2011
Mr. Kishore Dutta
..for the appellant/petitioner
Mr. Ashok Banerjee, G.P.
Mr. Pratik Prakash Banerjee
..for the alleged contemnor
An order passed by a Division Bench of this Court
in exercise of its power under Article 323A of the
Constitution of India on 12.03.2009 has been shown to
be in its breach at the instance of the respondents.
The learned counsel, who has brought it to the notice of the Court, has submitted that inspite of knowledge of the order, the same was not complied with, on the contrary, the disciplinary proceeding was initiated.
Mr. Government Pleader appearing with learned Junior Standing Counsel for the State has explained the position. He has submitted that in view of the parent order dated 26.02.2009 read with the subsequent order of 12.03.2009 passed by the said Division Bench, an action taken, if at all was in 2 connection with a different cause of action and has nothing to do with the issue in respect of which alleged breach has taken place.
In view of the aforesaid submission of learned Junior Standing Counsel which he has made in Court, we feel that we would be inclined to accept the same and would not insist on a formal affidavit on his behalf. We would dispose of the entire issue simply on the basis of the said submission.
Needless to say that any consequential relief, as sought for by the applicant, always remains open and disposal of this application would have no bearing on the same.
Be it recorded that the aforesaid submission of learned Junior Standing Counsel was the result of a feed back of Mr. Suman Mukherjee, Law Officer of the West Bengal Police Directorate who is present in Court.
Accordingly, the application being C.P.A.N. 749 of 2011 is disposed of.
(Amit Talukdar, J.) (Tarun Kumar Gupta, J.) 3