- (1.) In the matter being W. P. S. T. 603 of 2006 the Division Bench of this Court consisting of Hon'ble Acting Chief Justice Bhaskar Bhattacharya and Hon'ble Mr. Justice Kishore Kumar Prasad (as Their Lordships then were) after hearing found that this matter could not be disposed of for the reason as mentioned hereinafter.
(2.) The W. P. S. T. 603 of 2006 was filed against order dated 8th March 2006 passed by the State Administrative Tribunal in the contempt proceedings being No. CCP 43 of 2004. By the order impugned the learned Tribunal dismissed the contempt proceeding observing that the order passed previously by the learned Tribunal in the original proceedings was not at all implementable. While hearing the said matter the aforesaid Division Bench could not decide it conclusively as a plea was taken that no proceeding against the order dropping of contempt proceedings can be initiated in this Court under Articles 226/227 of the Constitution as it has been held earlier by another Division Bench of this Court in case of Manju Banerjee & Ors. V. Debabrata Pal & Ors., 2006 1 CalLT 87.
(3.) The referring Division Bench however could not agree with the proposition of law laid down by the Division Bench in case of Manju Banerjee. Hence Their Lordships have been pleased to direct to place the matter before the then Hon'ble Acting Chief Justice for constituting a larger Bench for deciding following question: "Whether an application under Articles 226/227 of the Constitution of India against an order refusing to entertain an application for contempt or dropping a proceeding for contempt under the provisions of the Contempt of Courts Act, 1961 passed by a Tribunal constituted under Articles 323A or 323B of the Constitution of India is not maintainable simply because an appeal lies against an order of punishment passed by such Tribunal before the Hon'ble Supreme Court under Section 19 of the Act, and whether High Court is powerless to rectify such an order passed by the Tribunal even if it creates an error in taking such decision resulting injustice and prejudice to the applicant. ";