Shyamal Dutta v. Arup Sengupta And ANR

15.09.2023.

Court No.13 Item No. 6 ap CPAN 753 of 2023 In W.P.A. No. 4309 of 2022 Shyamal Dutta

Versus

Sri Arup Sengupta, Commissioner of School Education & Anr.

Mr. Jayanta Kumar Das, Mr. Nepesh Majhi.

...For the petitioner.

Mr. Rajat Kanti Ghosh.

...Representative of the contemnors.

1. The petitioner complains of violation of this Court's order dated 8th June, 2022 by the Commissioner of School Education and the School Service Commission.

2. It appears that the Commissioner of School Education has already passed an order in respect of the petitioner on 26th August, 2022 stating that he is not in a position to determine as to how the petitioner was ranked lower than the other candidates for transfer. It further appears that the School Service Commission has also considered the petitioner's grievance and has disposed of the same by its order dated 1st November, 2022. It also appears that the ranking of a candidate for transfer is done by the computer software and they have no manner of ascertaining how they are ranked lower.

3. This Court is of the view that there is no contempt of the order dated 8th June, 2022.

4. Let the order dated 26th August, 2022 passed by the Commissioner of School Education, West Bengal be kept with the record.

5. In view of the above, the instant contempt application shall stand disposed of.

6. There will be no order as to costs.

7. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court (Rajasekhar Mantha, J.)