WRIT PETITION 41 of 2010 on 14 October 2015

22.01.2021 Ct. No.9 S/L No.1 KS

(Assigned)

IA No. CAN 2/2019 (CAN 4330 of 2019)

In CPAN 219 of 2016With

W.PC.T. No.41 of 2010Sri Debashis Kumar Roy -Vs.- Smt. Jaya Verma Sinha & Ors.

(Via Video Conference)

Mr. Kamalesh BhattacharyaMr. Goutam Dey

…..For the Petitioner

This is an application for recalling of the solemnorder/judgment dated 8[th] June, 2016 passed by the DivisionBench of this Hon’ble Court in which one of us was a memberof the bench. The judgment passed in connection with W.P.C.T.No.41 of 2010, was alleged to have been violated willfully bythe contemnor/railway authority and so C.P.A.N. No.219 of2016 was taken out by the petitioner alleging willfullymotivated and deliberate non-compliance of theorder/judgment dated 14.10.2015 passed by the Division benchof this Hon’ble Court. In response to the notice, the contemnorhad appeared and submitted that the order/judgment has beencomplied in its letter and spirit and an order was passed on 8[th]

June, 2016 when Mr. Malay Kumar Das, along with Mr.Anirban Dutta, learned counsels appeared on behalf of thecontemnors and submitted compliance of the judgment datedOctober 14, 2015 by fixation of inter se seniority in its letter andspirit by the contemnor/authority.

Let a notice alongwith a copy of this application togetherwith the annexures be served upon the contemnor-respondentsnos.1, 2 and 3 within a period of two weeks from the datehereof by speed post with acknowledgement due and withfurther direction to file affidavit of service on the returnabledate.

Let the matter appear two weeks hence under the sameheading.

(Rajarshi Bharadwaj, J.) (Shivakant Prasad, J.)