Calcutta High CourtCPAN/22/2023dismissed

Shri. U.K. Banerjee v. Shri D.K. Joshi

2024-01-04Hon'Ble Justice Chitta Ranjan Dash,Hon'Ble Justice Md. Nizamuddin2 pages

04.01.2024 Calcutta High Court Court No. 3 In the Circuit Bench at Port Blair S/L. No. 2 Sourav/ Suvayan CPAN 22 of 2023 In WPCT 05 of 2023 Shri. U. K. Banerjee Vs.

Shri. D. K. Joshi Mr. Arul Prasanth ... for the petitioner.

Mr. Shatadru Chakraborty Mr. Dinesh Drivedi Mr. R. Agarwal ... for the respondent.

1. Heard learned Counsel for the parties.

2. Perused the compliance affidavit filed by the contemnor. The representation directed to be disposed of is stated to have been disposed of on 22.02.2023 by the Disciplinary Authority in accordance with Rule 15(4) of the CCS (CCA) Rules, 1965.

3. It is now submitted that the Lieutenant Governor who is the Disciplinary Authority has only signed on a printed order prepared by the appropriate department officials and there has been no application of mind by the Lieutenant Governor. The representation having been disposed of by the time prescribed by us, we do not find any element of contempt so far as compliance of our order is concerned. Whether the Lieutenant Governor has applied his mind or not gives rise a fresh cause of

action. Similarly, whether the representation has been disposed of in the light of the spirit of the relevant provisions of the Rules also gives rise to fresh cause of action.

4. While disposing of the writ petition, we in our order dated 22.02.2023, had clearly mentioned that we are directing the appropriate authority to dispose of the representation of the petitioner in accordance with Rule 15(4) of the CCS (CCA) Rules, 1965 within a period of eight weeks hence without going into the merit of the case.

5. We have made further clear that we have not at all decided regarding liability or non-liability of the petitioner.

6. In view of such fact and position of law, we are constrained to say that no contempt has been made so far as compliance of our order dated 22.02.2023 passed in WPCT 05 of 2023 is concerned.

7. Accordingly, the contempt application being CPAN 22 of 2023 is dismissed.

(Chitta Ranjan Dash, J.) (Md. Nizamuddin, J.)