- (1.) THE petitioner at the relevant time when the order was passed by the learned Single Judge, i. e. 6th November, 2006 was posted as Deputy Chief Electrical Inspector. He was required to take necessary steps in strict compliance with the orders passed by the learned Single Judge on 26th April, 1996 in C. O. 5264 (W) of 1994. The direction was as follows: "the West Bengal State Electricity Board shall comply with award and from the money received by it from the Chief Electrical Inspector adjust the amounts due to it in terms of the award and refund the balance, if any to the writ petitioner and in the event there is any shortfall the writ petitioner shall make payment upon notice to be issued by the West Bengal State electricity Board within period of four weeks from the date of service of such notice. It was contended on behalf of the writ petitioner there is dispute regarding the period to which the terms of the second clause of the award made and published by the Chief Electrical Inspector should apply. In my view the said clause shall have to be read in the context of the reference that was made to the Chief Electrical Inspector that is to say the period between august, 1990 onwards to September, 1991. "
(2.) THIS order was subsequently affirmed by the Division Bench. Instead of complying with the aforesaid direction, the Deputy Chief Electrical Inspector in the impugned order dated 17th September, 2005 observed as under: "from the documents it is found that neither the Hon'ble High Court nor the ld. Electrical Inspector has mentioned the period of dispute. So, it is not possible to me to calculate the amount for the adjustment as directed by the Hon'ble High Court".
(3.) THIS order was challenged by the petitioner in Writ Petition No. 22450 (W) of 2006. The writ petition was allowed by the learned Single Judge by order dated 6th November, 2006. The Chief Electrical Inspector, West Bengal was directed to take appropriate decision in the matter strictly in compliance with the earlier order passed by this Court on 26th April, 1996 in C. O. No. 5264 (W) of 1994 without any further delay. The Deputy Chief Electrical Inspector was also directed to take appropriate decision in resolving the dispute for the period prior to August, 1990 in terms of the order of this Court dated 26th April, 1996. Thereafter, even the amount of the interest accrued on the amount deposited by the petitioner was also to be disbursed. The order passed by the deputy Chief Electrical Inspector on 17th September, 2005 was quashed and set aside.;