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Calcutta High CourtCPAN/748/2022disposed

Tapas Sing v. Debabrata Sarkar And ANR.

2024-02-29Hon'Ble Justice Amrita Sinha2 pages

122 29.02.2024 NB Ct. 24 In The High Court At Calcutta Constitutional Writ Jurisdiction (Appellate Side) CPAN 748 of 2022 In WPA 378 of 2022 Tapas Singh Vs.

Debabrata Sarkar & Anr.

Mr. Monoj Kumar Roy.

...for the petitioner.

Mr. Bhaskar Pradad Vaisya, Mr. Pinaki Bhattacharya.

...for the alleged contemnor.

Mr. Supriyo Chattopadhyay, Ms. Sayantanee Bhattacharjee.

...for the contemnor no.2.

Sri Debabrata Sarkar, Chairman, District Primary School Council, North 24-Parganas is virtually present. He submits that he could not follow the direction passed by the Court and, accordingly, requested the petitioner to visit the office of the Council for collecting the amount that was directed to be paid by him.

It has further been submitted that he was not aware of the bank account number of the petitioner and, as such, the money could not be directly transferred to his bank account. He has prayed apology for his act.

The submission of the Chairman that he was not aware of the bank account of the petitioner cannot be accepted. The petitioner is receiving the salary in his bank account and accordingly, the Chairman ought to have collected the bank

account number of the petitioner and deposited the amount in his account.

The Chairman of the Council has been made aware of the responsible post that he is holding.

The Chairman ought to have been more cautious and careful while acting in accordance with the order passed by the Court. The Court has recorded that it was not proper for him to summon the petitioner during office hours for collecting the amount as directed to be paid.

The Chairman is cautioned and directed to remain very alert while handling Court orders in future.

The contempt application stands disposed of Personal appearance of the Chairman stands dispensed with.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

(Amrita Sinha, J.)