Sant Kumar Ghosh And ORS v. Rajesh Kumar Saha And ORS
20.05.2022 Ct. No.23 pg.
IN THE HIGH COURT AT CALCUTTA
SPECIAL CIVIL JURISDICTION APPELLATE SIDE WPCRC 64 of 2022 in WPA 7595 of 2021 Sanat Kumar Ghosh & Ors.
Vs.
Rajesh Kumar Sinha & Ors.
Mr. Samiran Mandal Mr. Abhinaba Dan Mr. Nitish Samanta ... For the applicants/petitioners Mr. S.N. Mookherjee, Ld. AG Mr. Tapan Kumar Mukherjee Mr. Pinaki Dhole Mr. Abhishek Prasad ... For the alleged contemnors/ respondents No.1, 2 and 3 Mr. Ayan Banerjee Ms. Debasree Dhamali ... For the alleged contemnors/ respondents no.4 & 5 In response to the Rule, Sri Rajesh Kumar Sinha, the Principal Secretary, Transport Department, Government of West Bengal, being the alleged contemnor/ respondent no.1 and Dr. Manoj Pant, the Principal Secretary, Finance Department, Government of West Bengal, being the alleged contemnor/respondent no.3, are personally present. Separate affidavit of compliance has been filed by them. The said affidavits are taken on record. Learned Advocate General submits that in the affidavit of compliance filed by Sri Rajesh Kumar Sinha in the first paragraph due to inadvertence, it has been stated
as the Principal Secretary, Finance Department, Government of West Bengal instead of the Principal Secretary, Transport Department, Government of West Bengal. He prays for leave to correct the same. Leave is granted to Sri Rajesh Kumar Sinha to correct the portion indicated hereinabove in paragraph 1 of his affidavit.
On behalf of Dr. H.K. Dwivedi, the alleged contemnor/respondent no.2, the matter was mentioned yesterday by the learned Advocate General, praying for dispensation of his personal appearance on the ground of certain urgent administrative assignments. An affidavit of compliance has been filed on behalf of Dr. H.K. Dwivedi which is taken on record.
On behalf of Dr. H.K. Dwivedi, it is submitted by the learned Advocate General that in paragraph 1, by inadvertence, Dr. Dwivedi has been described as the Principal Secretary, Finance Department, Government of West Bengal, instead of Chief Secretary, Government of West Bengal. Learned Advocate General seeks leave to correct that portion of the affidavit.
Such leave is granted.
Copies of the affidavits filed by the alleged contemnors/respondents no.1, 2 and 3 have been served on the applicants/petitioners.
After perusing the affidavits, I find that the order dated 13th September, 2021 passed in WPA 7595 of 2021 has been complied with by passing an order dated 14th May, 2022. Although, the order dated 14th May, 2022 passed jointly by the alleged contemnors/respondents no.2, 3 and 1 is subsequent to the filing of the contempt petition, yet considering the overall situation, I find that the order under contempt has been duly complied with. The personal appearance of Sri Rajesh Kumar Sinha and Dr. Manoj Pant stands dispensed with. So far as the personal appearance of Dr. H.K. Dwivedi is concerned, since the order under contempt has been complied with, he is no more required to be personally present responding to the Rule.
The contempt petition is disposed of without passing any further order since the order under contempt has been duly complied with.
The Contempt Rule, issued earlier, stands discharged.
Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.
(Arindam Mukherjee, J.)