Sushanta Kumar Mondal v. Joseph Lawrence Tobias

02.05.2024 rc/ct.no.38 Item No.02 CPAN No. 1186 of 2022 in WPA No. 26096 of 2012 Sushanta Kumar Mondal

Versus

Joseph Lawrence Tobias Mr. Debabrata Saha Roy Mr. Indranath Mitra ...for the applicants/petitioners Mr. Baidurya Ghosal ...for the alleged contemnor Mr. Debabrata Saha Roy, learned advocate and Mr. Indranath Mitra, learned advocate appears on behalf of the petitioner/applicant.

Mr. Baidurya Ghosal, learned advocate appears for the alleged contemnor.

Mr. Baidurya Ghosal, learned advocate appears for the alleged contemnor handed over a communication dated April 24, 2024 issued by the Disciplinary Authority and Chairman of Bandiya Gramin Vikash Bank which reads as follows :- "Ref: BGVB/HODIR/1138/2024 Date: 24.04.2024 Shri Sushanta Kumar Mandal Residential Address PPO No. 02007/02299/2021 55,Amrapali, Sutir Math, Berhampore Ex-Manager (MMG-II) Dist: Murshidabad, Pin: 742101 Bangiya Gramin Vikash Bank Ex-Branch Manager BGVB Herampore Brnach (Mirshidabad Region) Dear Sir, Subject : Withdrawal of Enquiry initiated against you in compliance with Hon'ble High Court Order dated

17.05.2022 in the matter of WPA No. 26096 of 2012, Sushanta Kumar Mandal vs BGVB.

This is for your kind information that, in compliance with the Hon'ble High Curt Order dated 17.05.2022 in the matter of WPA No. 26096 of 2012, Sushanta Kumar Mandal vs BGVB, enquiry initiated against you stands withdrawn.

Disciplinary Authority & Chairman"

Learned counsel for the petitioner/applicant submits that from the said communication it appears that the alleged contemnors have informed the petitioner/applicant that they have withdrawn the enquiry proceeding intiated against the petitioner/applicant and as such the petitioner/applicant is entitled to get the regular scale of pay with effect from August 16, 2011 when the disciplinary authority had passed the penalty order against the petitioner.

Learned counsel for the alleged contemnor submits that the disciplinary proceedings initiated against the petitioner/applicant has withdrawn and as such the alleged contemnor will release all the consequential benefits to the petitioner/applicant.

Considering the submission made by the respective parties this Court direct the Chairman, Bangiya Gramin Vikash Bank to release all the consequential benefit within a period of 8 weeks from the date of receipt a copy of this order.

With the above observations and directions the instant contempt application being CPAN No. 1186 of 2022 is thus disposed of.

Rule, if any issued, be recalled.

Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Krishna Rao,J)