DINABANDHU MAJUMDAR Vs. NIRMALYA DATTA

JUDGEMENT

(1.) This is an application made by the petitioner Shri Dinabandhu Majumdar for initiating a proceeding for contempt against the respondents, namely, (1) Shri Nirmalya Dutta, Engineer-in-Chief, PWD, (2) Shri K.L. Das, Executive Engineer (Elect) and (3) Shri Sanjoy Choudhury, Sub-Divisional Officer (Elec), Sonamura.

(2.) It is alleged that the petitioner who was transferred by an order viz. order No. F. 6 (41) - PWD (E)/88, dated Agartala, the 29th September, 1993 was stayed by this Court by its order dated 4.3.1994 passed in Civil Rule No. 97 of 1994 which the petitioner filed challenging the validity and legality of the aforesaid order of transfer. It has been further stated that the aforesaid order of this Court dated 4.3.94 was submitted to the respondent No. 3 on 5.3.1994 and he was again requested to allow the petitioner to resume his duty in the office. But the joining report that was submitted by the petitioner was not accepted and he was also not allowed to join his duty. The petitioner was however informed by the respondent No. 3 that he would not be able to accept his joining report unless necessary instruction to that effect was received from the Respondent No.l.

(3.) Thereafter, the petitioner filed an application to respondent No.l stating the aforesaid facts and also requested him to direct the respondent No. 3 to accept the joining report of the petitioner. This application was received by the respondent No. 1 on 8th March, 1994. But in the meantime respondent No. 2 informed the petitioner that he was released from the duty with effect from 11th February, 1994. The petitioner's case is that he never received this order of release before the interim order that was passed by this Court on 4.3.94 in Civil Rule No. 97/94. The petitioner has, therefore, alleged that the respondents wilfully violated the order of this Court dated 4.3.94 passed in Civil Rule No. 97/94.