Ashok Kumar Shaw v. Anuj Mittal Managing Director Of The Kmrc And ANR

D/L. 14.

April 4, 2025.

MNS.

CPAN 193 of 2025 in WPA No. 28757 of 2022 Ashok Kumar Shaw Vs.

Anuj Mittal, and another Mr. Rafikul Islam Sardar ... for the petitioner.

Mr. Jishnu Chowdhury, Ms. S. Basu Mallick, Mr. Aritra Basu, Mr. Ankit Dey ...for the alleged contemnor no. 3.

Re: CPAN 193 of 2025 (contempt application).

1.

Learned counsel for the petitioner alleges that, in contravention of the order dated March 13, 2024 passed in WPA No. 28757 of 2022, despite the petitioner having approached the respondent no. 3 in the writ petition / alleged contemnor and having furnished necessary documents, no compensation was paid to the petitioner.

2.

Learned senior counsel appearing for the alleged contemnor places reliance on Annexure - "C" to the contempt application, which is a communication by the alleged contemnor to the petitioner indicating a decision having been taken on the claim of compensation by the petitioner.

3.

In the event the petitioner has grievances with such adjudication, whereby the alleged contemnor came to the decision that compensation cannot be paid to the petitioner since the petitioner was not recommended by the appropriate body, it is always open to the petitioner to challenge the said order before the appropriate forum.

4.

However, insofar as the present contempt application is concerned, since the alleged contemnor has already taken a decision on the claim of compensation of the petitioner pursuant to the order of this Court, I do not find any reason to issue a Rule of Contempt.

5.

Accordingly, CPAN 193 of 2025 is dismissed without any order as to costs.

6.

However, nothing in this order shall prevent the petitioner from taking out an appropriate challenge against the decision of the alleged contemnor refusing to grant compensation to the petitioner in the event the petitioner is otherwise entitled under law to do so. (Sabyasachi Bhattacharyya, J.)