SUBHASH CHANDRA PRATIHAR Vs. LEENA CHAKRABORTY
LAWS(CAL)-1994-9-32
HIGH COURT OF CALCUTTA
Decided on September 10,1994

SUBHASH CHANDRA PRATIHAR Appellant
VERSUS
LEENA CHAKRABORTY Respondents


Referred Judgements :-

DR. HARI PADA PODDAR V. S.R.DAS,SECRETARY TO THE GOVERNMENT OF WEST BENGAL,DEPARTMENT OF HEALTH [REFERRED TO]
JIBAN KUMAR BANERJEE V. THE STATE OF WEST BENGAL [FOLLOWED ON]
PRATAP SINGH IN BOTH APPEALS VS. GURBAKSH SINGH IN BOTH APPEALS [REFERRED TO]
MOHAMMAD IDRIS VS. RUSTAM JEHANGIR BABUJI [RELIED ON]
NOORALI BABUL THANEWALA VS. K M M SHETTY [RELIED ON]
SHAKUNTALA VS. STATE OF PUNJAB [FOLLOWED ON]
DULAL CHANDRA BHAR VS. SUKUMAR BANERJEE [RELIED ON]
SAIBAL KUMAR GUPTA VS. B K SEN [RELIED ON]
HINDUSTHAN LEVER SRAMIK KARMACHARI CONGRESS VS. ASHISH CHAKRABORTY [RELIED ON]



Cited Judgements :-

STATE OF U P VS. SRI MAHIPAL SINGH RANA ADVOCATE SHRI SHANKER SINGH RANA [LAWS(ALL)-2005-12-112] [REFERRED TO]
AVANINDRA SINGH VS. KRISHNENDU GHOSHAL [LAWS(CAL)-2019-7-170] [REFERRED TO]


JUDGEMENT

- (1.)This is an Application by the petitioner under the Contempt of Courts Act, 1971 against the Opposite-Parties for deliberate and intentional violation of the orders dated 25/03/1991 and 10/01/1992 passed by Mahitosh Majumdar, J., since deceased, as His Lordship then was, in C.O. No. 3386 (W) of 1991, in the circumstances stated therein. On the said Application being filed before the Court on 3/06/1992, Ajit Kumar Sengupta, J., by his Order dated 1/09/1992 had directed the Opposite-Party No. 1, Mrs. Leena Chakraborty, Secretary, Department of Health and Family Welfare, Government of West Bengal, to be present in Court on 8/09/1992 at 2 P.M. and explain as to why appropriate proceedings under the Contempt of Courts Act should not be drawn up against her for not complying with the aforesaid orders passed by this Court. The Learned Judge did not feel inclined to proceed against other Opposite-parties in the Contempt Application. The Contempt Application is being opposed by the Opposite Party No. 1 by filing Affidavit-in-Opposition.
(2.)The facts, as are relevant for the present purpose, may shortly be set out as follows :- The Petitioner Dr. Subhash Chandra Pratihar, had passed the M.B.B.S. Examination from the Calcutta University with highest marks in the Final M.B.B.S. Examination in the year 1967. After a brief period of internship he had joined the Christian Medical College and Hospital, Vellore, as Senior House Surgeon in 1968; and had thereafter obtained M.S. from the Delhi University in the year 1972. His thesis covered the subject of urology. He had thereafter worked as Registrar (Basic Teaching) in Surgery for two years in Sardarjang Hospital and had occasion to work as Tutor at the All India Institution of Medical Science for one year and eights months. He had thus completed three years eight months of Basic Teaching, and with the said experience of Basic Teaching he had joined the West Bengal Health Services as Medical Officer in the year 1973. Even though the Petitioner was otherwise qualified to be appointed as Lecturer, he was not considered for the same for reasons best known to the Respondents. And, for such non-consideration of his case for appointment as Lecturer and subsequent promotion as Professor, he was superseded by persons who did not possess the qualifications and other attainments, which he had acquired.
(3.)Being aggrieved by the denial of opportunity of non-consideration of his candidature, resulting in severe discrimination against him, he had moved a Writ Application before this Court praying, inter alia, for a Writ of in the nature of Mandamus commanding the Respondents to appoint him to the post of Lecturer notionally with retrospective effect and to appoint him as Professor on and from the date Dr. B. P. Majhi and Dr. R. N. Basu had recommended for the post of Professors.


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