Calcutta High CourtWPA/6323/2019disposed

Tapas Kumar Khatua v. State Of West Bengal& ORS

2019-06-13Hon'Ble Justice Moushumi Bhattacharya2 pages

Ct. 39 Item No.31 23.04.2021 (suvendu) CPAN 1058 OF 2019 WITH CAN 1 OF 2019 (CAN 12016 OF 2019) IN WPA 6323 OF 2019 (VIA VIDEO CONFERENCE) Tapas Kumar Khatua Vs.

Aminul Ahasan & Ors.

Mr. Supriyo Chattopadhyay Mr. Sudip Kumar Maity ......for the petitioner Mr. Soumya Majumder ....for the alleged contemnors In Re. CAN 1/2019 (CAN 12016 of 2019) This is an application for recalling of an order dated 15th November, 2019 by which the contempt application, being CPAN 1058 of 2019, arising out of an order dated 13th June, 2019 was disposed of on the basis of the submissions made on behalf of the petitioner that as the Pension Payment Order (for short, 'PPO') has already been issued, the petitioner does not intend to proceed with the contempt application. Learned counsel appearing for the petitioner submits that after issuance of the PPO, the petitioner now requires a No Liability Certificate from the school authorities for getting the benefit of the PPO. Learned counsel appearing for the School authorities submits that several documents, which are

required for getting the No Liability Certificate, have not been handed over by the petitioner.

After hearing the parties, it appears that there is a dispute between the parties regarding submissions of documents for obtaining a No Liability Certificate. This Court is of the view that whatever be the nature of documents, which are required to be exchanged by the parties for getting a No Liability Certificate, are the subsequent events, which are out side the scope of the contempt application presently under consideration. The petitioner is at liberty to file appropriate proceedings, if so advised, before the appropriate forum for redressal of his grievance arising out of subsequent events regarding no liability certificate.

In view of the above, CAN 12016 of 2019, being the application for recalling of the order dated 15th November, 2019 is dismissed without any order as to costs.

Consequently, the Contempt application is also disposed of.

(Moushumi Bhattacharya, J.)