Manoj Kumar Saha v. Sujit Sarkar And ORS

SL 17 31.01.2024 SBIII SH Calcutta High Court In the Circuit Bench at Jalpaiguri Special Jurisdiction CPAN 47 of 2023 In WPA 30 of 2022 Manoj Kumar Saha VS Mr. Sujit Sarkar & Ors.

Mr. Arnab Saha ...For the Petitioner.

The petitioner has filed the present contempt application alleging non-compliance of the direction passed by this Court on March 11, 2022.

It appears from the documents annexed to the contempt application and from the submission made on behalf of the petitioner that the Chairman of the District Primary School Council, Alipurduar took steps in terms of the order dated March 11, 2022 as has also passed order in the matter on April 7, 2022.

The Chairman of the Council of Alipurduar sought for certain documents from the Chairman, District Primary School Council, Jalpaiguri. The same has not been furnished till date.

The petitioner is aggrieved by the inaction on the part of the DPSC, Jalpaiguri in not taking any steps in response to the communication made by the Chairman, DPSC, Alipurduar.

I am afraid that the inaction on the part of the Chairman, DPSC, Jalpaiguri cannot be adjudicated in the instant contempt application. Specific direction was

passed by the Court upon the Chairman, DPSC, Alipurduar. The DPSC, Alippurduar has taken steps in compliance of the direction passed by this Court. There is no direction upon the DPSC, Jalpaiguri.

Apart from the above, the contempt application has been found to be filed beyond the period of limitation.

In view of the above, the contempt application stands dismissed.

It will be open for the petitioner to initiate appropriate proceeding against the DPSC, Jalpaiguri and other parties, if so advised.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)