Dibyendu Chakraborty v. Union Of India & ORS

16th January, (AK) 01-02 CPAN 199 of 2022 with W.P.C.T. 69 of 2018 Dibyendu Chakraborty Vs.

Arun Arora and others Mr. Debabrata Saha Roy Mr. Indranath Mitra Mr. Subhankar Das ...for the petitioner.

Mr. Siddhartha Lahiri Mr. Rivu Dutta ...for the alleged contemnor.

An explanatory note, as per previous direction of court, is filed in court today by learned counsel for the alleged contemnors.

It is contended that as per the settled guidelines of the Supreme Court, the law is that in the event an employee was in suspension for a particular period, which is set aside subsequently, the said employee has to disclose as to whether he was or was not gainfully employed during the period of suspension for it to be decided as to whether he is entitled to the wages/salary for that period.

It is further contended that the pension amount has already been disbursed in favour of the petitioner by transferring the same to the petitioner's bank account.

Such contentions are controverted by learned counsel for the petitioner in the contempt application. In order to give ample opportunity to the petitioner to controvert the arguments of the alleged contemnors, the contempt applicant is directed to file a reply by way of notes of arguments, to the explanatory note filed in court today, on the next returnable date with an advance copy to the learned advocate for the alleged contemnors. The matter shall next be listed under the same heading on February 13, 2023.

(Sabyasachi Bhattacharyya, J.) (Jay Sengupta, J.)