Saikat Das v. Supriyo Mondal And ORS

28.04.2026 Item No.3 PG Ct. No.1 WP.CT 94 of 2026 Shri Saikat Das

Versus

Supriyo Mondal & Ors.

Mr. Kallol Bose Mr. Sudipto Panda Mr. Subrata Ghosh .......For the Petitioner DICTATED BY SUJOY PAUL, CJ.:

1. Sri Kallol Bose, learned counsel for petitioner appears.

2. Heard.

3. This petition is directed against an interlocutory order dated 13.04.2026 passed by Central Administrative Tribunal, Kolkata in C.P./61/2024 (Kolkata) arising out of O.A. No.14 of 2024.

4. Learned counsel for petitioner submits that C.P./61/2024 was heard by the Tribunal and it was made C.A.V. on 13.04.2026.

When the Department received the order impugned dated 13.04.2026, it is gathered that contemnor no.4/Sri Debasis Sarkar,

Chief General Manager, B.S.N.L., Calcutta is directed to remain present on 28.04.2026.

5. Learned counsel for Department made specific statement that said Sri Debasis Sarkar stood retired on attaining the age of superannuation three years back. Thus, Department has no control over him and Department cannot keep him present on the date fixed.

6. He submits that petitioner will file appropriate application before the Tribunal for recalling the order dated 13.04.2026 on the said ground and all other available grounds and Tribunal may be directed to consider the said application at the earliest and till such time, the order dated 13.04.2026 to the extent it directs personal presence may be interfered with.

7. Considering the aforesaid, this petition is disposed of by reserving liberty to the petitioner to file said application seeking modification/annulment before the Tribunal

on all possible grounds available to the petitioner including the ground that Sri Debasis Sarkar is no more in employment.

8. If such application is filed, we have no doubt, the Tribunal will examine the same in accordance with law.

9. Considering the fact that Sri Debasis Sarkar stood retired, we hope that Tribunal will pass appropriate order examining the aforesaid facts narrated before us.

10. With aforesaid and without expressing any opinion on merits, the petition is disposed of.

11. Learned counsel for petitioner undertakes to file affidavit of service in course of this day.

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

(SUJOY PAUL, CJ.) (PARTHA SARATHI SEN, J.)