ASHIM KUMAR BANERJEE,J. - (1.) The Tribunal dismissed a series of applications on the identical facts vide judgment and order dated September 27, 2011, appearing at page 127 - 165 of the petition. We find from paragraph 54 of the said judgment that the Tribunal while dismissing the same imposed cost of Rs. 2,000/- each upon the President and Secretary of the Audit Association and Rs. 1,000/- each upon the rest of the applicants. The Tribunal also directed criminal compliant to be lodged as against them for misleading the Tribunal while obtaining interim order. The identical issue was dealt with by another Division Bench in WPCT 299 of 2011. The other Division Bench passed the following order:- "It appears that before these applications were filed, the department has implemented the order of transfer. Under such circumstances, the action has become now infructuous. Accordingly, no order is passed in relation to the grievance. However, we notice that the learned Tribunal in paragraph 54 of the judgment impugned has given certain direction regarding payment of cost and initiation of criminal proceedings. We are of the view, on the facts and circumstances of these cases, the aforesaid penal measure is not called for. Therefore, the same is set aside and quashed. It would be open for the applicants before us to make suitable representations before the department and the department will consider the same in accordance with law."
(2.) We have heard Mr. P.C. Das, learned counsel, appearing for the petitioner and Mr. Tapas Kumar Hazra, learned counsel, appearing for the respondents.
(3.) We agree with the judgment and order of the learned Division Bench in other matter. We observe that the said judgment and order in WPCT 299 of 2011 dated November 16, 2011 would also govern the present case.;