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Calcutta High CourtWPCRC/24/2021dismissed

Shankar Kumar Talukdar v. Abdul Kalam Azad

2021-03-26Hon'Ble Justice Rajasekhar Mantha2 pages

26-03-2021 ct no. 13 Sl.5+6 sp WPCRC 24 of 2021 In WPA 11547 of 2006 Sri Shankar Kumar Talukdar

Versus

Sri Abdul Kalam Azad (Via Video Conference) Mr. Sri Srijan Nayak Mrs. Rituparna Moitra ...for the petitioner Mr. D.K. Sengupta, Ms. Sweta Saha ....for the alleged contemnor Contempt is alleged of order dated November 28, 2018.

Mr. Nayak, learned counsel appearing for the petitioner submits that while the order in question had directed the Society to continue departmental enquiry from the stage of the enquiry report, no enquiry report was supplied along with the second show cause notice.

Counsel for the alleged contemnor submits that the resolution annexed to the show cause is itself an enquiry report. Whether the document at page 25, being resolution dated November 20, 2002 of the contempt application can be construed an enquiry report, cannot be gone into in these proceedings.

Hence, the contempt application shall stand rejected.

Liberty is reserved to the employer Society, if necessary, to conduct a denovo enquiry. It is expected that the enquiry shall be completed within a period of 3 months from date.

The alleged contemnor is present in Court. His personal presence is dispensed and is discharged.

Rule shall stand discharged.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)