Tapan Kumar Patra v. Nishant Mukherjee

17.12.2021 Court No.13 Item No.16 AP WPCRC 48 of 2021 With CAN 1 of 2020 Tapan Kumar Patra Vs.

Debasis Dev In WPA 22763 of 2018 Tapan Kumar Patra Vs.

The State of West Bengal and Ors.

(Through Video Conference) Mr. Dilip Kumar Sinha ... For the Petitioner.

Mr. Anirban Roy, Government Pleader Mr. Swapan Banerjee Mr. Saugata Mitra ... For the alleged contemnors.

The alleged contemnors, i.e. The District Magistrate, the Commissioner of Panchayat & Rural Development, West Bengal and the District Panchayat & Rural Development Officer, Purba Medinipur, are present before this Court today.

This Court is not even remotely satisfied with the explanation offered by the District Magistrate for noncompliance of this Court's order dated 4th February, 2020. The defence offered of non-clearance by the Ministerin-Charge and/or MOS, is, at the highest evasive, and to say the least shocking. Failure indicates a blatant disregard of this orders of Court. The District Magistrate has failed to comprehend the importance of urgent and immediate compliance with an orders of a Constitutional Court passed under Article 226 of the Constitution of India.

This Court is not satisfied with the explanation offered by the District Magistrate, the Commissioner of Panchayat & Rural Development, West Bengal and the District Panchayat & Rural Development Officer, Purba Medinipur for delay in compliance of this Court's order. The apology offered is, however, accepted with a warning to all three officers not to repeat such conduct in future.

The Affidavit affirmed on 17th December, 2021 regarding compliance of the order dated 26th November, 2021 filed in Court today be kept with the record. It appears from the affidavit that on 16th December, 2021 a provisional appointment letter has been issued to the writ petitioner. It is expected that the same is carried to its logical conclusion.

The order dated 26th November, 2021 has now been complied with.

The contempt application shall stand disposed of. Personal presence of the alleged contemnors is dispensed with.

Rule shall stand discharged.

There will be no order as to costs.

All parties are to act on a server copy of this order duly downloaded from the official website of this court. (Rajasekhar Mantha, J.)