Pintu Ghosh v. State Of West Bengal & ORS.

Ct-08 ar 10.10.2023 FMA 2400 of 2015 Pintu Ghosh Vs.

State of West Bengal & Ors.

1. The parties are not represented nor any accommodation is prayed for on behalf of the parties.

2. The appeal had appeared in the warning list of cases on and from 19th September, 2023 with a clear indication that the said matter shall be transferred to the Regular Bench on 6.10.2023. The appeal was appeared on 6.10.2023 and is again listed today. All the parties have sufficient notice about the listing of the matter before the Regular Bench on and from 6th October, 2023.

3. The appeal was filed on 11.5.2015. The record shows that no attempt has been made to move this appeal after it was filed. No step has been taken to serve notice and prepare paper books. It clearly shows that the appellant is not interested to proceed with the appeal.

4. Having considered the materials on record and upon going through the impugned order, we are of the view that the applicant (Teaher-inCharge of Lodna Mankhamar Vivekananda Vidyamandir) was entitled to file the contempt

application by reason of non-compliance of the order of the Division Bench dated 29th January, 2013 whereby certain directions were given to the District Inspector of Schools (S.E), Bankura to take immediate steps for filling up a vacant post of Clerk in the school in terms of the order dated 29th January, 2013.

5. In view of the above, the appeal is accordingly dismissed.

(Uday Kumar,J.) (Soumen Sen, J.)