ASHIS KUMAR GHOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) This contempt proceeding against the opposite party No.1, Chairman, Board of Trustees for Calcutta Port Trust and the opposite party No.2 the Chief Hydraulic Engineer, Calcutta Port Trust has been initiated on the application of the petitioner against whom an order dated 5-10-1983 dismissing him from the post of Electronic Instrument Engineer was passed by the opposite party No.1, after considering the report of the inquiry into certain charges against the petitioner in a departmental proceeding. The said order of dismissal was served on him on 8-10-1983 and the learned Judge, Janah J. admitting the same, issued Rule and an interim order restraining the respondents including the present opposite parties Nos.1 and 2, their agents, servants and subordinates from giving any effect or further effect to the impugned order of dismissal and the inquiry report dt. 28-8-82 in any way affecting the service of the petitioner and also from passing any final order on the basis of the departmental inquiry made against the petitioner pending the disposal of the Rule.

(2.) It is not disputed that the interim order passed by the Court was communicated to the opposite parties Nos.1 and 2 on 19-10-1983, by the petitioner's advocate's letter of the same date. The petitioner's case is that he has been regularly attending the office of the Electronic Instrument Engineer under opposite party No.2 and discharging his duties after 8-10-83. But he received a letter dt. 8-10-83 from the opposite party No.2 on 22-10-83 whereby the opposite party No.2 directed him to hand over all Trustees' stores and materials under his charge to Sri S.N. Datta, Senior Scientific Officer with keys and identity card immediately. On behalf of the petitioner a reply was sent to the opposite party No.2 on 25-10-83 reminding him of the interim order dt. 19-10-83 of this Court. The opposite party No.2 received the said letter dt. 28-10-83 but he did not withdraw or recall his letter dt. 8-10-83. The petitioner has not been paid any salary for the period after 8-10-83. The petitioner understands from reliable source that the opposite party No.1 in concert with opposite party No.2 directed not to prepare salary bill for the petitioner for the month of Oct. and Nov. 1983 in spite of their knowledge of the order dt. 19-10-83 passed by the Hon'ble Mr. Justice A.K. Janah. It is alleged that they have intentionally and wrongfully violated the interim order of this Court by not paying the salary and allowances of the petitioner or by not preparing the salary bills for the petitioner and thus giving effect or further effect to the impugned order of dismissal.

(3.) Both the opposite parties have separately filed counter-affidavit opposing the application for contempt. Their case is that the order of dismissal dt. 5-10-83 having been served on the petitioner on 8-10-83 the petitioner ceased to be in service of the Calcutta Port Trust after 8-10-83. As the petitioner did not hand over the Trustees' stores/materials, keys and indentity card on 8-10-83 he was directed by a letter of the same date to do so. The alleged receipt of the said letter by the petitioner on 22-10-83 has been denied. Moreover, the said letter was issued 11 days prior to the interim order. It is averred that the interim order must have been obtained by keeping back from the learned Judge, Janah J. that the order of dismissal dt. 5-10-83 had already been given effect to on 8-10-83 at least 11 days prior to the presentation of the writ petition.