Dr. Niranjan Sahu v. Dibyojyoti Boral

12.08.2022.

Court No.13 Item No. 30 ap W.P.C.R.C. No. 486 of 2022 In W.P.A. No. 14908 of 2013 With I.A. No. CAN 1 of 2014 (Old CAN 7655 of 2014) Dr. Niranjan Sahu

Versus

Mr. Debojyoti Boral & Anr.

Mr. A. Pradhan.

...For the petitioner.

Mr. Supriyo Chattopadhyay, Ms. Iti Dutta.

...For the alleged contemnors.

This Court has considered the instructions of the District Inspector of Schools (SE), South 24 Parganas which is taken as an affidavit-of-compliance. The exception filed by the petitioner to the said instructions, have also been considered.

It cannot be said from the said order that the alleged contemnors have not complied with the order. There is some compliance.

The petitioner disputes a receipt of any sums of money towards the Provident Fund dues during his service with the Mahamayapur Adarsha Vidyapith (HS), District - South 24 Parganas.

In the exception, it is being indicated that the said School has admitted that a sum of Rs.24,297.40

is due and payable to the petitioner towards Provident Fund from 1978 till 1993.

This Court notices that the issue as to whether the payment by the School and the Office of the District Inspector of Schools (SE), South 24 Parganas is correct or not cannot be entered into in a contempt application. The same would have to be the subject matter in a fresh writ petition.

In that view of the matter, the contempt application is disposed of reserving liberty to the petitioner to take out a fresh proceeding against the District Inspector of Schools (SE), South 24 Parganas and the School towards any deficit of any terminal dues payable to him.

Rule, if any, shall stand discharged.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)