BRAHMA DEO MISHRA Vs. MR. CHINMOY SARKAR

JUDGEMENT

(1.) Party/parties are represented in the order of their name/names as printed above in the cause title.

(2.) Before this Court for consideration today is the Contempt Application filed by the writ petitioner being CC No. 7 of 2017 alleging deliberate non-compliance of the Judgment and Order of this Court dated 19th September, 2016 in the writ petition being WP No. 116 of 2016. Also under consideration is the Application No. GA 1036 of 2017, which is for recalling of the said order of this Court dated 19th September, 2016.

(3.) Before proceeding further with this discussion, it would be relevant to identify the terms of the order of this Court dated 19th September, 2016 in respect of which both the Contempt and Recalling applications (supra) are preferred. By the order of 19th September, 2016, this Court, inter alia, took notice of the stand taken by the alleged Contemnor/the District Inspector of Schools (Secondary Education, Kolkata) vide Memo dated 29th June, 2016. The District Inspector (for short the DI) on consideration of the materials then placed before him came to the conclusion that two posts of Group-D staff were lying vacant in respect of which the present petitioner is one of the claimants.