Calcutta High Court (Appellete Side)
Sri Indranil Mukherjee vs Gyanwant Singh & Ors on 2 September, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1 7 02.09. W.P. 29 (W) of 2017 ns 2019 Sri Indranil Mukherjee.
Vs. Gyanwant Singh & Ors.
Mr. Anindya Lahiri, Mr. Samrat Dey Paul ... for the Petitioner. Mr. Amitesh Banerjee, Sr. Adv., Mr. Tarak Karan ... for the State.
Re: CPAN No.49 of 2019 The petitioner complains of violation of the order dated July 27, 2018 passed in the writ petition.
Learned Advocate appearing for the petitioner submits that, of the three grounds in the order, one stands complied with and the other two are yet to be complied with. He submits that, the authorities are yet to take a decision on initiation of the disciplinary proceedings. At least, nothing is placed on record to suggest that, the authorities did so. The other is that, the authorities are yet to make an enquiry or investigation on the police complaints.
So far as the disciplinary proceedings are concerned, the affidavit states that, the disciplinary proceeding was initiated and an order of punishment was 2 imposed.
It is the contention of the petitioner that, the complaint of the petitioner was not taken into consideration for the purpose of initiation of the disciplinary proceeding.
Whether or not, a disciplinary proceeding is to be initiated and the basis of such disciplinary proceeding are at the discretion of the employer. The Court need not interfere in such arena.
So far as the enquiry and investigation into the police complaints are concerned, although, the affidavit states that, all the complaints were enquired and investigated into, the affidavit does not disclose the particulars thereof.
Therefore, any of the alleged contemnors are at liberty to file an affidavit disclosing the manner in which the complaints disclosed at Annexure "P/15" of the writ petition has been dealt with by the police.
Let such affidavit be filed within two weeks from date.
List the contempt petition under the same heading a fortnight hence for further consideration.
Urgent certified website copies of this order, if 3 applied for, be made available to the parties upon compliance of the requisite formalities.
( Debangsu Basak, J. )