Soumen Chandra Ghosh v. The State Of West Bengal And ORS.

19.09.2025 Item Nos.

JPG1 Saswata CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

WPCRC 5 of 2025 in Soumen Chandra Ghosh

Versus

Surendra Gupta & Ors.

Mr. Mayank Roy Mr. Prosenjit Sarkar Mr. Saswata Chatterjee ...For the applicant Mr. Joyjit Chowdhury, AAG Ms. Bedashrui Bose ...For the contemnors WPCRC 5 of 2025

1. At the very outset, Mr. Chowdhury learned Additional Advocate General would submit that the contemnors who have since received the rule, are personally present in Court.

2. Though, a report had been called for by this Court by order dated 19th September 2025, such report is yet to be placed before this Court. However, having regard to the fact that the contemnors are present, the matter is taken up for consideration.

3. It is submitted that insofar as contemnor no. 10 is concerned, since her mother is a cancer patient, she could not make arrangements to be present in Court today and as such, she appears virtually. The contemnor no. 9 is also

WPCRC 5 of 2025 present virtually, though the rule is yet to be served.

4. Insofar as the contemnor no. 6 is concerned, Mr. Chowdhury submits that rule has not been received by her, however, she is also present virtually.

5. The contemnor nos. 3, 4, 7, 8 and 11 are present in Court.

6. It is submitted that the incumbent to the post of contemnor no. 5 has since been changed.

Mr. Subhas Chandra Bhattacharya is the present incumbent in place of the original contemnor no. 5, he is also present in Court. The petitioner is granted liberty to take appropriate steps.

7. Insofar as contemnor no. 11 is concerned, it is submitted that the name of the said contemnor be corrected as Keshab Chandra Kumar.

8. Having regard to the above, department is directed to amend the cause title of the contempt application insofar as the contemnor no. 11 is concerned by incorporating the correct name.

9. Mr. Chowdhury also places before this Court affidavits of undertaking and would submit that the entire payment (disbursal of compensation) would be made in favour of the

WPCRC 5 of 2025 petitioner on or before 30th November 2025. Let the affidavits of undertaking captioned as "affidavit of compliance" filed by the respondent nos. 1 and 2 and affirmed on 18th September 2025 be taken on record.

10.

Noting the presence of the aforesaid contemnors and taking into consideration the fact that the contemnor nos. 1 and 2 have both submitted their individual affidavits undertaking that the entire payment (disbursal of compensation) would be made on or before 30th November 2025 in favour of the petitioner, let the personal appearances of contemnors noted hereinabove be dispensed with for the time being.

11.

The contemnors must file affidavit of compliance on or before the returnable date.

12.

In view of the affidavit of undertaking filed in Court today, list this mater on 5th December 2025.

(Raja Basu Chowdhury, J.)