Haran Ali Mondal v. Sanjay Mukherjee Administrative Secretary W B

11.09.2025 Court No.14 AGM

IN THE HIGH COURT AT CALCUTTA

SPECIAL CIVIL JURISDICTION WPCRC 61 of 2025 In WPA 10431 of 2018 Haran Ali Mondal Vs.

Sanjay Mukherjee Mr. Sarajit Sen.

Mr. Tapas Singha Roy ... for the petitioner.

Mr. S. Kr. Bhattacharjee.

... for the contemnor.

1. The petitioner is aggrieved by the decision taken by the Additional Chief Secretary, Finance Department on 11th September, 2025 by treating the period of absence of the petitioner as dies non.

2. According to the petitioner, the Additional Chief Secretary, Finance Department does not have the authority to pass such order.

3. The Court is of the opinion that the order passed by the Additional Chief Secretary, Finance Department gives rise to a fresh cause of action, legality of which cannot be adjudicated in the contempt proceeding.

4. It will be open to the petitioner to challenge the impugned action of the authority before the competent forum in accordance with law, if so advised.

5. Contempt application stands disposed of.

6. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)