Prof. Dr. Sruti Bandyopadhaya v. Ashok Kuamr Mahato The Registrar Acting Visva Bharati

05.03.2021 rrc CRC 1 of 2021 with MAT 574 of 2020 [Prof. (Dr.) Sruti Bandopadhyay Vs. Ashok Kumar Mahato] (Through Video Conference) Mr. Jaydip Kar Mr. Puspal Chakraborty Mr. Subhajit Das Ms. Prisanka Ganguly ......For the petitioner Mr. Hirak Kumar Mitra Ms. Suchismita Ghosh Mr. Soumya Majumder Mr. Victor Chatterjee .....For the alleged contemnor Mr. Ashok Kumar Mahato, the Registrar (Acting), Visva Bharati University is present in Court with a further affidavit showing compliance of our earlier order. Mr. Hirak Kumar Mitra, learned senior counsel representing the contemnor has submitted that till February, 2021 all payments have been made and received by the writ petitioner.

The reason for delay in making payment has been stated in paragraphs 16 to 20. The allegation is that she did not perform her duty in August, 2020. This contention was raised earlier before us which did not find favour with us for not releasing the salary of August, 2021. Repeating the same excuse in his affidavit at this stage which we did not accept earlier is not expected from the contemnor/respondent.

It is not a fact that the contemnor was not aware of the fact that in resisting the claim for salary for the month of August, 2020, we have considered the materials which

prima facie goes to show that she had performed her duties which could not be successfully rebutted by the university.

However, considering the fact that there may not be wilful and deliberate violation of our earlier order and taking into consideration that as of today, the salary for the month of August, 2020 has been paid and an apology has been tendered by the contemnor present before us we dispose of the contempt application by recording compliance of our order.

Personal presence of contemnor is dispensed with. (Saugata Bhattacharyya, J.) (Soumen Sen, J.)