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Calcutta High CourtWPCRC/2/2023disposed

St Xavier High School(H.S.) v. Arup Sengupta

2023-06-09Hon'Ble Justice Md. Nizamuddin2 pages

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION (APPELLATE SIDE) 09.06.2023 Sl no. 1 Ct no. 2 - P.M.

WPCRC 2 of 2023 St. Xavier High School (H.S.) & Ors.

Vs Arup Sengupta.

in WPA 2795 of 2022 St. Xavier High School (H.S.) & Ors.

Vs The State of West Bengal & Ors.

Mr. Sandip Kumar De, Mr. Abhijit Sarkar ... for the petitioner.

Mr. Biswabrata Basu Mullick, Mr. Sanjib Das ... for the alleged contemnor Heard learned advocates appearing for the parties.

In compliance of the contempt rule issued on 28th April, Mr.

Arup Sengupta, the Commissioner of School Education, West Bengal, the alleged contemnor is personally present in Court and files documents through his learned advocate to show as to what steps he has taken in compliance of the order of this Court dated 10th November, 2022 alleged to have been violated and on perusal of the aforesaid documents, I am of the view that he has taken effective steps which was within his

jurisdiction and as such no further cause of action for contempt survives and if at all petitioner is not satisfied with the steps taken by the alleged contemnor and he is aggrieved this may give rise to fresh cause of action against which petitioner is at liberty to initiate any appropriate proceeding in accordance with law.

Appearance of alleged contemnor is dispensed with.

Contempt rule is discharged and the contempt proceeding being WPCRC 2 of 2023 is disposed of by dropping the same.

(Md. Nizamuddin, J.)