M/S Bose And Sons And ANR. v. The Honourable Lieutenant Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/237/2023 M/s Bose and Sons and Another Vs.

The Honourable Lieutenant Governor and Others Mr. Gopala Binnu Kumar ... for the petitioners Mr. Shatadru Chakraborty, Sr.Adv.

Mr. Rakesh Kumar Mr. Dibesh Dwivedi ... for the respondents January 30, 2025 [Manoj] Item no. 19 1.

In the writ petition order dated 14th September, 2021 passed by the Finance Officer to Chief Engineer being the respondent No. 5 is challenged whereby petitioner was suspended for a period of two years from the date of issuance of the said order, prejudicing the business activities of the petitioner.

2.

Today, Mr. Gopala Binnu Kumar, learned advocate representing the petitioner submits that the period of suspension has expired in 2023 and normal functioning of the petitioner stood revived thereafter. Petitioner is participating in all business activities but still petitioner suffers stigma due to the impugned order dated 14th September, 2021 passed by the respondent No. 5.

3.

Respondents are represented by Mr.

Shatadru Chakraborty, learned senior advocate who submits that in similar situation, a Coordinate Bench passed an order dated 06th November, 2024 on a writ petition being WPA/462/2023

(Sanjay Kumar Singh vs. The Hon'ble Lieutenant Governor and others). Copy of the order dated 06th November, 2024 is placed before this Court and taken on record.

4.

Having considered the submissions made by the learned advocates representing the parties and taking note of the impugned order dated 14th September, 2021, it appears that entire issue has became academic due to expiry of period of suspension as it was clamped on the petitioner in 2021 and existed till 2023.

5.

This Court finds substance in the submissions made on behalf of the petitioner that stigma still remains which may prejudice the petitioner in its business activities. 6.

This Court, being the court of equity, finds it an appropriate case to use its extraordinary power under Article 226 of the Constitution of India to strike a balance in between the right of the petitioner who should be protected from suffering stigma vis-à-vis the impugned order which was passed by the respondent no.5 on 14th September, 2021. 7.

In view of expiry of period of suspension, this Court observes that in future the petitioner shall not suffer any stigma, if any, due to the order dated 14th September, 2021 which was passed by the respondent no.5.

8.

With the above observations, the writ petition stands disposed of.

9.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocate appearing for the parties upon compliance of usual formalities.

( Saugata Bhattacharyya, J. )