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Calcutta High Court (Appellete Side)

Biswajit Das & Others vs Tapas Kumar Sanyal & Others on 9 March, 2017

Author: Nishita Mhatre

Bench: Nishita Mhatre

                                                1

         24     09.03.2017
        rpan     Ct. No.01

         CPAN No.239 of 2017
                    With
        CAN No.1476 of 2017 [App. Order]
                       in
               WPCT 224 of 2016
            Biswajit Das & Others
                     Vs.
        Tapas Kumar Sanyal & Others


         Mr. Soumya Majumder,
         Mr. Victor Chatterjee
                     ... for the Petitioners.

         Mr. Anirban Mitra,
         Mr. Prabir Rej
                        ... for the proposed contemnors.




         Issue Rule* against the proposed Contemnors No.1 & 2, as prayed for, and also a

suo motu Rule against Satya Ranjan Baidya, Section Officer, Central Statistics Office

(Industrial Statistics Wing) (I.S. Wing), 1, Council House Street, Kolkata - 700 001,

returnable on 22nd March, 2017.

         Pendency of the Rule shall not preclude the aforesaid proposed Contemnors from

complying with the Court's order dated 21st December, 2016 in W.P.C.T. No.224 of

2016.


                               (Nishita Mhatre, A.C.J.)


                             (Tapabrata Chakraborty, J.)
                                                               2



Form of Rule Nisi (Contempt)
     (Form No.1)
         N.37

                             High Court at Calcutta
                       Appellate Side
                                                    (Special Jurisdiction)

District : Kolkata             W.P.C.T. No. 224 of 2016 CPAN 239 of 2017)

In the matter of : Biswajit Das & Ors.
                                                            Versus
                                                    Tapas Kumar Sanyal & Another
  For Petitioners        :      Mr. Soumya Majumder,
                                Mr. Victor Chatterjee.

           For proposed Contemnors:                        Mr. Anirban Mitra,
                               Mr. Prabir Rej.


Noting by Office or Advocate      Serial    Date          Office notes, reports, orders or proceeding with signature
                                  No.
                         3

24   09.03.      UPON reading a petition of Biswajit Das, the petitioner no.1 and
     2017
              his affidavit of verification thereof, dated 28th February, 2017 and
     R.Pan
              the exhibits or annexures to the said petition and upon hearing Mr.
              Majumder, Advocate for the Petitioners,


                     IT IS ORDERED that a Rule do issue calling upon the
              proposed contemnors, namely, (1) Tapas Kumar Sanyal, the
              Deputy, Director General, Central Statistic Office, (Industrial
              Statistic Wing) No.1, Council House Street, Kolkata-700 001 and (2)
              Somen Chowdhury, under Secretary Central Statistic Office,
              (Industrial Statistic Wing) No.1, Council House Street, Kolkata-700
              001 to show cause why they should not be committed to prison or
              otherwise penalized or dealt with for having willfully and
              deliberately violated the Court's order dated 21st December, 2016
              passed by this Court in W.P.C.T. No.224 of 2016.
                      The Rule is made returnable on Wednesday, 22nd March,
              2017 at 10.30 a.m.


                  On the returnable date, IT IS ORDERED that the proposed
              Contemnors, as aforesaid, shall appear personally before this Court
              at 10-30 a.m. and shall not leave Court without permission.


                   However, we make it clear that pendency of this application
              will not prevent the proposed Contemnors from taking necessary
              steps in compliance of the earlier order passed by this Court.


                  Let the Rule be served upon the proposed Contemnors
              personally by Special Messenger at the cost of the Petitioners. Such
              cost along with the requisites be put in within a week.




                               (Nishita Mhatre, A.C.J.)




                             (Tapabrata Chakraborty, J.)
                                           4




Form of Suo Motu Rule

                           W.P.C.T. No. 224 of 2016.
                            [ CAN 1476 of 2017 ]
                        HIGH COURT AT CALCUTTA
                                Appellate Side
                             (Special Jurisdiction)
                            The Court in its own motion -
                                         In Re : Satya Ranjan Baidya,
                                 Section Officer, Ministry of Statistics &
                                 P.I., Central Statistics Office (Industrial
                                                         5


                                              Statistics Wing) (I.S. Wing), 1, Council
                                              House Street, Kolkata - 700 001.
 For Petitioners   :    Mr. Soumya Majumder,
                        Mr. Victor Chatterjee.

For Respondents                     :                     Mr. Anirban Mitra,

Mr. Prabir Rej.

Noting by Officer or Serial Date Office notes, reports, orders or proceedings with signatures.

Advocate No. 24 09.03. UPON HEARING Mr. Soumya Majumder, learned Counsel for the Petitioners, IT IS ORDERED that a suo motu Rule do issue 2017 calling upon Satya Ranjan Baidya, Section Officer, Central Statistics Office (Industrial Statistics Wing) (I.S. Wing), 1, Council House Street, Kolkata - 700 001 - to show cause why he should not be committed to prison or otherwise penalized or dealt with for having willfully and deliberately violated the Court's order dated 21st December, 2016, passed by this Court in W.P.C.T. No.224 of 2016 and for this the Court initiates suo motu contempt proceedings against Satya Ranjan Baidya, Section Officer, Central Statistics Office (Industrial Statistics Wing) (I.S. Wing), 1, Council House Street, Kolkata - 700 001, with a direction that he must appear on March, 22, 2017 at 10.30 a.m. and shall not leave the Court without permission.

The suo motu Rule is made returnable on March, 22, 2017.

(Nishita Mhatre, A.C.J.) (Tapabrata Chakraborty, J.) 6