Samarendu Mukherjee v. Union Of India And ORS.

11.12.2023 rpan/17 WPCT 180 of 2023 Samarendu Mukherjee - Versus - The Unjion of India & Others Mr. Allen Felix ... for the Petitioner.

Mr. Billwadal Bhattacharyya, Ld. DSG, Mr. Somnath Bhattacharjee ... for the Respondents/ Union of India.

The present writ petition has been preferred primarily praying for issuance of necessary direction towards expeditious disposal of the original application, being O.A. 482 of 2023 pending before the learned Tribunal.

Mr. Felix, learned advocate appearing for the petitioner submits that in spite of an earlier direction of the learned Tribunal, no reply was filed by the respondents and as such, the matter could not be taken up for final hearing.

Per contra, Mr. Bhattacharyya, learned Deputy Solicitor General appearing for the respondents submits that the matter had to be twice adjourned on 26th July, 2023 and 18th October, 2023 since no one appeared on behalf of the petitioner herein. However, reply on behalf of the respondents had already been filed on 24th November, 2023. A copy of the reply has been handed over to Mr. Felix, learned advocate in Court today.

Answering our query, Mr. Felix submits that next date of hearing has been fixed on 17th January, 2024. Records reveal that the petitioner earlier approached this Court by filing a writ petition, being WPCT 90 of 2022 which was disposed of by an order dated 17th February, 2023 observing inter alia that:

"As it is stated that the writ petitioner is about to retire shortly the learned tribunal may take up the matter out of turn and dispose of the same as early as possible."

As the respondents have already filed their reply, the petitioner is directed to file the rejoinder within a week from date.

In view of the earlier direction, it is expected that the learned Tribunal shall finally decide the application as expeditiously as possible without granting unnecessary adjournment to either of the parties.

The writ petition, being WPCT 180 of 2023 is, thus, disposed of.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.

(Gaurang Kanth, J.) (Tapabrata Chakraborty, J.)