Naba Patra v. Nayan Patra And ORS

08-12-2023 ct no. 13 Sl. 2 sp WPCRC 198 of 2023 In WPA 14799 of 2021 Naba Patra -VersusNayan Chandra & Ors.

Mr. Sudip Ghosh Chowdhury, Ms. Shreyeta Mitra .....for the petitioner Mr. Rudranil De, Mr. Himadri Kumar Mahata, Mr. Ziaul Haque ...for the alleged contemnor no. 1 Mr. Bhaskar Prasad Vaisya, Mr. Ranjan Saha ...for the alleged contemnor no. 2 Dr. Sutanu Kr. Patra, Ms. Supriya Dubey ...for the alleged contemnor no. 3 1.

An earlier application made on medical grounds, stood rejected by the D.I. after NOC was issued by the HOI.

2.

The petitioner filed WPA 14799 of 2021 whereunder he was granted liberty to file application on non-medical grounds on July 26, 2022. Thereafter, the petitioner filed WPA 21266 of 2022 which is still pending before the Co-ordinate bench.

3.

The instant contempt application complaining violation of the order dated July 26, 2022 was affirmed on June 9,

2023. The petitioner appears to be forum shopping and/or on a fishing expedition.

4.

The Head Teacher is present in Court. Given the number of teachers in the school and also considering the pupil to teacher ratio presently applicable under the new rules, the petitioner's application for transfer cannot be processed.

5.

In those circumstances, WPCRC 198 of 2023 shall stand dismissed.

6.

The personal presence of the Head Teacher and the D.I. is dispensed with. Rule, if any, shall stand discharged.

7.

This Court had requested Mr. Bhaskar Prasad Vaisya, learned counsel to represent the D.I. in the matter since he represents the State. Let the name of Mr. Vaisya be included in the earlier order dated November 24, 2023.

8.

There shall be no order as to costs.

9.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)