Md. Jakir Hossain v. Dilip Debnath

05.04.2024 Ct. No. 15 adeb WPCRC 90 of 2016 In WPA 2098 of 2011 Md. Jakir Hossain Vs.

Mr. Dilip Debnath & Anr.

Mr. Rabiul Islam ...for the Applicant Mr. Shamim-ul-Bari Ms. Asmita Mitra ...for the alleged contemnor Today, Smt. Basanti Burman, Chairperson, District Primary School Council, Malda is personally present before this Court based on rule issued on 8th March, 2024. Mr. Shamim ul Bari, learned advocate representing the alleged contemnor has produced before this Court a memo dated 28th March, 2024 issued by the Chairman, Malda District Primary School Council wherefrom it appears that 22 marks has been awarded to the petitioner in terms of the order dated 3rd June, 2015 passed by a coordinate Bench on the connected writ petition and the aggregate marks of the petitioner by adding 22 marks has been calculated 50.757. Copy of such memo dated 28th March, 2024 has been supplied to the applicant. In view of the memo dated 28th March, 2024 it appears that the order dated 3rd June, 2015 has been complied with. However, there has been delay of 9 years in complying the directions of this Court as contained in order

dated 3rd June, 2015. Such delay caused by the District Primary School Council, Malda is deprecated and the said council is warned that if in future same thing occurs the Court shall deal with the issue appropriately. Affidavit-of-compliance as it has been submitted by the learned advocate representing the alleged contemnor has been prepared and an undertaking has been submitted on behalf of the alleged contemnor that the same is to be filed in course of this day. Copy of the compliance report has been made over to the learned advocate for the applicant.

Accordingly, the contempt application stands disposed of and the rule stands discharged.

Personal appearance of the alleged contemnor is dispensed with.

However, this order shall not preclude the applicant to take steps in accordance with law if the applicant is aggrieved by the memo dated 28th March, 2024. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)