BIMAL MAJUMDER Vs. GOPAL KUMAR PILLAI
LAWS(CAL)-2012-5-105
HIGH COURT OF CALCUTTA
Decided on May 04,2012

Bimal Majumder Appellant
VERSUS
Gopal Kumar Pillai Respondents

JUDGEMENT

- (1.) THE Judgment of the Court was as follows: This is an application filed under the Contempt of Courts Act. 1971 for alleged violation of an order dated May 4, 2011 passed in W.P. No.6525 (W) of 2011 (In Re: Bimal Majumder v. Union of lndia&Ors.). The operative portions of the above order are quoted below: Therefore, I direct the respondent authority to act upon certificate of SEB Medical College and Hospital dated August 25, 2010 (annexure P/4 at page 19 to the writ application) in the matter of promotion cum posting of the petitioner forthwith. This writ petition stands disposed of. There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Debasish Kar Gupta.J.)"
(2.) SINCE the above order was not complied with, this application was filed by the writ petitioner. A contempt rule was. issued in connection with this application on February 6, 2012. After issuing of this contempt rule, the alleged contemnor Nos.2 and 5 filed two separate affidavits-of-compliance affirming the same on April 4, 2012 and March 12, 2012 respectively. In the above affidavits-of-compliance it was stated that the application for review of the order passed in the writ application was filed before this Court. After dismissal of the same, the alleged contemnors took steps to promote the petitioner to the post of Head Constable in compliance of the order passed in the writ application. It appears from the order of movement dated February 25, 2012 signed by the Assistant Commandant on behalf of the alleged contemnor No.5 that the petitioner had been asked to appear before the SMB at CISF Composite Hospital Bhilai on January 23, 2012, i.e., after disposal of the above writ application. On the basis of the medical certificate dated February 23, 2012, the petitioner was promoted to the post of Head Constable since he had been found fit for the category of SHAPE-I.
(3.) TODAY , an affidavit-of-compliance is filed by the alleged contemnor No.2. Let the same be kept on record.;


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