- (1.) THIS is an application under Article 226 of the Constitution of India against order dated January 19, 2011 passed by the Central Administrative Tribunal, Calcutta Bench, in Original Application No.1083 of 2010.
(2.) THE respondent no. 1 in this application, namely, Avijit Nandy, moved the original application challenging the appointment of the private respondent as a 'Film Facility Officer, for twenty (27) days between April 3, 2010 and April 30, 2010. However, his service was extended for a further period of two months. The tribunal accepted the contention of the said respondent that the authority should not have appointed the private respondent without issuing a public notice for filling up the said post and as such directed the authorities to initiate steps for filling up the post by issuing a public notice. However, the tribunal awarded a cost of Rs. 20,000/- (Rupees twenty thousand) only to the private respondent. Mr. Kaushik Chanda, learned advocate appearing in support of this application, cites a decision in Rabindra nath Ghosal Versus University of Calcutta and others reported in (2002) 7 Supreme Court Cases 478. The Supreme Court holds that it is not correct to assume that every minor infraction of public duty by every public officer would commend the court to grant compensation in a petition under Article 226 of the Constitution of India by applying the principle of public law proceeding. The court in exercise of extraordinary power under Articles 32 and 226 of the Constitution of India, therefore, would not award damages against public authorities merely because they have made some order which turns out to be ultra vires, or there has been some inaction in the performance of the duties unless there is malice or conscious abuse.
(3.) IN this matter, the Tribunal awarded an exemplary cost of Rs. 20,000/- (Rupees twenty thousand) only without specifying the reason. The order directing payment of Rs. 20,000/- (Rupees twenty thousand) only is set aside. The application under Article 226 of the Constitution of India is allowed-in-part. We make no order as to costs.;