Purnima Das v. Saurabh Kr. Das And ANR

24.11.2022 SL No.1-6 Court No.8 (gc) CRC 19 of 2022 Purnima Das Vs.

Saurabh Kr. Das & Anr.

With FMA 1277 of 2015 The State of West Bengal & Ors.

Vs.

Purnima Das & Ors.

With WPCRC 168 of 2022 Arpita Sarkar Vs.

Zafar Ajmal Kidwai, Supdt. Of Police, Nadia With WPCRC 169 of 2022 Smt. Kakali Chakraborty Vs.

Indevar Pandey & Ors.

With WP.ST 447 of 2013 Arpita Sarkar Vs.

State of West Bengal & Ors.

With WP.ST 78 of 2014 CAN 1 of 2015 (Old No: CAN 6862 of 2015) Kakali Chakraborty (Dutta) Vs.

State of West Bengal & Ors.

Mr. Anjan Bhattacharya, Ms. Anita Shaw, ...for the petitioner in CRC 19 of 2022.

Mr. Indranath Mitra, Mr. Subhankar Das, Mr. Neil Basu, Mr. Sankha Biswas, ...for the petitioner in WPCRC 168 of 2022 & WP.ST 447 of 2013.

Mr. Sukumar Ghosh, Ms. Moumita Ghosh, ...for the petitioner in WPCRC 169 of 2022 & WP.ST 78 of 2014.

Mr. Anirban Roy, Ld. G.P., Mr. Pinaki Dhole, Mr. R. Hossain, Mr. Avishek Prasad, ...for the alleged contemnors.

Re: CRC 19 of 2022 In FMA 1277 of 2015 The Secretary, Panchayats and Rural Development, Government of West Bengal has filed a further affidavit of compliance. It appears from the said affidavit that an appointment letter has been issued in favour of the petitioner.

In view thereof, the Rule stands discharged.

Accordingly, the contempt proceeding being CRC 19 of 2022 stands disposed of.

Re: WPCRC 168 of 2022 In WP.ST 447 of 2013 The affidavit of compliance filed by Mrs. Ishani Paul is taken on record.

The alleged contemnor is personally present in Court. The document disclosed with the affidavit of

compliance shows that the alleged contemnor has duly complied with our direction, however, the Superintendent of Police, Government Railway Police, Sealdah has not followed the instruction and did not act in terms of the letter dated 18th November, 2022 addressed to the Superintendent of Police, Government Railway Police, Sealdah by the Deputy Inspector General of Police (P&W), West Bengal. The communication dated 22nd November, 2022 in the last sentence has stated that the appointment of the petitioner is purely temporary. This is contrary to the letters dated 16th November, 2022 and 18th November, 2022.

In view thereof, we direct the Superintendent of Police, Government Railway Police, Sealdah to be personally present before us on the adjourned date and file an affidavit of compliance. The letter of appointment should be suitably modified and/or corrected. The matter stands adjourned for one week (i.e. 1st December, 2022) at 1.00p.m.

We have been informed that the petitioner has been allowed to join the post. Further appearance of Ms. Ishani Paul is dispensed with.

Re: WPCRC 169 of 2022 In WP.ST 78 of 2014 The affidavit of compliance filed by the Secretary, Public Works Department, Government of West Bengal is taken on record.

However, we find that the letter of appointment dated 16th November, 2022 is in conflict with the order issued by the Joint Secretary (Works), Public Works Directorate, Government of West Bengal. The letter dated 16th November, 2022 is placed before us.

On such consideration, we direct a further affidavit of compliance to be filed. The appointment should be strictly in terms of the letter dated 16th November, 2022 issued by the Joint Secretary (Works), Public Works Directorate, Government of West Bengal. It should not be a temporary appointment.

The Superintendent Engineer, Eastern Circle, P.W.Dte is directed to be personally present on the adjourned date with the affidavit of compliance on the adjourned date.

The matter stands adjourned for one week (i.e. 1st December, 2022) at 1.00p.m.

We have been informed that the petitioner has been allowed to join the post. Further appearance of Ms. Antara Acharya is dispensed with.

(Soumen Sen, J.) (Tapabrata Chakraborty, J.) (Saugata Bhattacharyya, J.)