STATE OF WEST BENGAL Vs. SUBHADRA CHATTOPADHAYAY

JUDGEMENT

(1.) The application for condonation of delay is taken up for consideration.

(2.) Delay is admittedly about 1221 days. The impugned judgment and order was passed on 23rd Nov., 2005. Upon careful perusal of the statement and averment made in section 5 application it appears to us that there has been some sort of indecision on the part of the Government officials whether judgment and order of the learned Trial Judge should be complied with or not. Because of indecision and exchange of correspondences amongst the officials of the Education Department, DI, Director of School Education, then consulting the learned Lawyers and learned L.R, the decision was taken as late as on 23rd April, 2007 that appeal should be preferred and upto 16th Oct., 2007 it appears that there has been some sort of activity with regard to the engagement of various lawyers. From 16th April, 2007 till 24lh April, 2009 there has been simply no explanation.

(3.) On the other hand, before the learned Single Judge, in the contempt proceeding assurance was given that the order impugned would be carried out and so, an order was passed by the learned Trial Judge while entertaining the contempt application that the order should be carried out within 10 days.