LAWS(CAL)-2001-7-46

SHYAMAL KRISHNA CHAKRABORTY Vs. SUKUMAR DAS

Decided On July 27, 2001
SHYAMAL KRISHNA CHAKRABORTY Appellant
V/S
SUKUMAR DAS Respondents

JUDGEMENT

(1.) This contempt petition has been filed by the petitioner alleging violation of a judgment and order dated 4-3-99 passed by a Division Bench of Justice Shyamal Kumar Sen as His Lordship then was and Justice Dipak Prakash Kundu in MAT No. 339 of 1999.

(2.) From the operative portion of the said judgment it appears that the learned Judges of the Division Bench allowed the appeal and further gave a direction that "the appellant-petitioner should be treated as in service without any break and he should be paid all consequential benefits in accordance with law within three months from the date of communication of this order".

(3.) A few relevant facts may be noted. The service of the petitioner, a bus conductor, was terminated, inter alia, on the ground of unauthorized absence. Against the said order, an appeal was filed to the appellate authority under the rules and the appeal was rejected. Thereafter, a writ petition was filed which was numbered as C.O. 5274 of 1992. A learned Judge of this Court hearing the writ petition quashed both the orders of the disciplinary authority and that of the appellate authority but the matter was ultimately remanded to the appellate authority for considering the whole matter afresh in accordance with the provision of the law and after giving an opportunity of hearing to the petitioner.