MANJUSREE CHANDRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the matter being W. P. S. T. 603 of 2006 the Division Bench of this Court consisting of Hon'ble Acting Chief Justice Bhaskar Bhattacharya and Hon'ble Mr. Justice Kishore Kumar Prasad (as Their Lordships then were) after hearing found that this matter could not be disposed of for the reason as mentioned hereinafter.

(2.) The W. P. S. T. 603 of 2006 was filed against order dated 8th March 2006 passed by the State Administrative Tribunal in the contempt proceedings being No. CCP 43 of 2004. By the order impugned the learned Tribunal dismissed the contempt proceeding observing that the order passed previously by the learned Tribunal in the original proceedings was not at all implementable. While hearing the said matter the aforesaid Division Bench could not decide it conclusively as a plea was taken that no proceeding against the order dropping of contempt proceedings can be initiated in this Court under Articles 226/227 of the Constitution as it has been held earlier by another Division Bench of this Court in case of Manju Banerjee & Ors. V. Debabrata Pal & Ors., 2006 1 CalLT 87.

(3.) The referring Division Bench however could not agree with the proposition of law laid down by the Division Bench in case of Manju Banerjee. Hence Their Lordships have been pleased to direct to place the matter before the then Hon'ble Acting Chief Justice for constituting a larger Bench for deciding following question: