Manasi Das v. Mrinmoy Mondal

12.05.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.C.R.C. 13 of 2022 In W.P.A. 8376 of 2020 Manasi Das -versus Mrinmoy Mondal & Anr.

Ms. Sudipa Banerjee, Ms. Sneha Dutta.

...For the Petitioner.

Mr. Tapan Mukherjee, Mr. Naren Ghosh Dostidar.

...For the State.

An order has been passed by the Child Development Project Officer, Khejuri II, Purba Midnapore, I.C.D.S. Project on 15th March, 2022 wherein reasons have been provided for not releasing the remuneration of the petitioner for the period she was forcefully prevented from discharging her duties. Learned advocate appearing for the petitioner submits that the said order cannot be treated as a reasoned order.

According to the learned advocate, the reasons mentioned therein cannot be made applicable in her case as the said reasons are applicable in regular circumstances.

She submits that as a special case, the said reason ought not to have been made applicable in her favour.

Whether the reasons passed in the order dated 15th March, 2022 is maintainable or valid in accordance with law has to be decided in an appropriate proceeding.

Merits of the said reasoned order cannot be gone into and decided by the Court in the contempt jurisdiction.

In view of the above, the contempt application stands disposed of.

It will be open for the petitioner to challenge the order passed on 15th March, 2022 before the appropriate forum in accordance with law, if so advised.

Affidavit of compliance filed in Court today is taken on record.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)