Saibal Sarkar v. State Of West Bengal And ORS.

AD-13 Ct No.09 09.02.2024 TN CPAN 1624 of 2023 In WPA No. 15104 of 2023 Saibal Sarkar Vs.

Dr. Syamal Saren, Chief Medical Officer of Health, Bankura and others Mr. Satrajit Sinha Roy, Ms. Amrita Maji ....for the petitioner Mr. Tapan Mukherjee, Ld. AGP, Ms. Sangeeta Roy .... for the alleged contemnor nos.1 to3 1.

Learned counsel for the petitioner contends that the alleged contemnors are not disbursing the due amounts to the petitioner despite the petitioner having furnished bills regarding the same.

2.

Learned senior counsel appearing for the alleged contemnors contends that the purported bills furnished by the petitioner were not valid bills and, as such, could not be reimbursed.

3.

It transpires that the petitioner has annexed certain documents to the contempt application itself.

4.

The parent order indicated that upon the petitioner furnishing bills to the alleged contemnors, the dues of the petitioner are to be

paid. Since there is apparently some dispute regarding the validity and veracity of the bills themselves, it cannot be said at this stage that there has been a palpable contempt of the order of this court.

5.

Be that as it may, to thrash out the issues between the parties, the petitioner shall meet the alleged contemnor no.1 on February 15, 2024 at 02.30 p.m. in the office of the alleged contemnor no.1 with all relevant documents and bills. Upon giving a hearing to the petitioner and looking into the said documents, the Chief Medical Officer of Health (CMOH), that is, the alleged contemnor no.1 shall take a call on the actual dues of the petitioner. The admitted amounts shall be informed in writing to the petitioner by the CMOH then and there after the conclusion of the hearing.

6.

Insofar as the balance dues of the petitioner are concerned, if there is any dispute, the CMOH shall, within seven days thereafter, communicate to the petitioner the reason for not acceding to such disputed amounts.

7.

A brief report shall be filed on behalf of the alleged contemnors regarding what transpired in the hearing and the outcome of the hearing on the next returnable date. An advance copy of the

said report shall be given to the learned Advocate for the petitioner.

8.

The matter shall be listed on March 01, 2024 under the same heading for passing further orders.

(Sabyasachi Bhattacharyya, J.)