Urgent replied requested
SANJANA ROY
(Querist) 18 June 2012
This query is : Resolved
The petitioner filed a Writ Petition in August 2011 approached the Hon High Court at Calcutta with the prayer to issue appropriate direction to the State of West Bengal to further direct the then Sub -Divisional Controller, Krishnanagar, Deptt of F&S, Govt of West Bengal to issue a Rationing Lisence (for Kerosene ) on companionate ground due to the death of the petitioner husband. The Hon High Court by its order on September 22, 2011, directed the O/o the Sub - Divisional Controller, to look into the case of the Petitioner & take appropriate action as deemed fit with proper reasoning in the case of the Petitioner within October 30, 2011 . In the meanwhile my uncle took charge as the new Sub -Divisional Controller, Krishnanagar. The copy of the above original Writ Petition filed was received on 11/11/2011. The O/o the Sub - Divisional Controller, Krishnanagar by its letter dated December 05, 2012 intimated the Petitioner to appear before the Sub -Divisional Controller on December 09, 2011 with original in connection to its application for issue a Rationing Lisence (for Kerosene ) . Though the Petitioner appeared, but the hearing was adjourned due to the sudden surprise visit of the Hon Chief Minister, to the Sub -Divisional Controller, Krishnanagar. An alternative date was given for December 16, 2011, On December 16, 2012 the O/o the Sub -Divisional Controller, Krishnanagar granted the Rationing Lisence to the above Petitioner herein. Presently a contempt Petition is pending solely against my uncle before the Ld. Single Judge and His Lordship ordered for an affidavit to be given by my uncle through his Advocate by July04, 2012, stating therein the causes / reason as to why the order of the Ld Single Judge has not been complied. The uncle is having a very clean service record of thirty and is due to retire within two years . Moreover immediate after a week of joining of my uncle his office went into 10-12 days long Puja vacation. It may also be noted that there was total lack of staff strength in the O/o Sub -Divisional Controller, Krishnanagar, during my uncle’s tenure as Sub -Divisional Controller, Krishnanagar which badly effected the smooth functioning of his office & as such there was no Chief Inspector to assist him . Despite several request & reminders sent to the concerned Deptt authority from time to time for increase of staff strength for effective functioning of the O/o Sub -Divisional Controller, Krishnanagar, but nothing happened infact. In the aforesaid circumstances it will be appreciated if your goodself may please advice on immediate basis as to what is to be done to get rid of this Contempt Petition to keep a consistency in the clean & clear service record image of my uncle which is evident on record too.. Looking to hear from you soon.
Sanjana Roy
Devajyoti Barman
(Expert) 19 June 2012
Well under the circumstance I do not find anything wrong on the part of your uncle.
There is nothing to worry on his part.
However the Affidavit in Opposition need to be properly drafted so satisfy the ego of the High Court.
Generally in contempt matters the High Court at Calcutta is not so harsh if there was no willful delay or negligence to implement its order.
Was the order passed by Hon'ble Justice Dipankar Datta?
SANJANA ROY
(Querist) 20 June 2012
Thanks for your kind reply. The order was not passed by the Hon Judge u have mentioned in ur reply. Secondly technically there was no negligence on part of my uncle so a person is required to have some time to get adjusted with his new office atmosphere. But officially as already indicated he joined a day after the order was passed i.e September 23, 2011, and then the office went on 10-12 days long vacation within a week of his joining. But upon re-opening when he joined he had a time period of nearly two weeks before the expiry of the given compliance date. As already indicated a person needs some time to coke up with his new office environment particularly when there is a total shortage of office staff to assist him . If in case the above circumstances is not considered by the Ld Single Judge in that event it may amount to negligence. It will be appreciated & would be of great help if your goodself may help us with the points to raised in the Affidavit in Opposition to guard from any nature of future trouble for the remaining period of his service . Also note that he is being made the sole party in the contempt petition. Hoping to hear from you on immediate basis.
Regards
SANJANA ROY
SANJANA ROY
(Querist) 20 June 2012
Thanks for your kind reply. The order was not passed by the Hon Judge u have mentioned in ur reply. Secondly technically there was no negligence on part of my uncle since a person requires some time to get adjusted with his new office atmosphere. But officially as already indicated he joined a day after the order was passed i.e September 22, 2011, and then the office went on 10-12 days long vacation within a week of his joining. But upon re-opening when he joined he had a time period of nearly two weeks before the expiry of the given compliance date. As already indicated a person needs some time to coke up with his new office environment particularly when there is a total shortage of office staff strength to assist him in the day to day office functioning . If in case the above circumstances is not considered by the Ld Single Judge in that event it may amount to negligence. It will be appreciated & would be of great help if your goodself may help us with the points to raised in the Affidavit in Opposition to guard from any nature of future trouble for the remaining period of his service . Also note that he is being made the sole party in the contempt petition. Hoping to hear from you on immediate basis.
Regards
SANJANA ROY
