DARSAN SARKAR Vs. ARNAB ROY
LAWS(CAL)-2019-8-12
HIGH COURT OF CALCUTTA
Decided on August 02,2019

Darsan Sarkar Appellant
VERSUS
Arnab Roy Respondents

JUDGEMENT

Sahidullah Munshi, J. - (1.) This Contempt Application has been affirmed by one Sri Prasanna Kumar Deb Sharma on 8th June, 2015 being the petitioner no.2 for self and on behalf of the other petitioners as duly authorized by them.
(2.) According to the petitioner the judgment and order passed by this Court on 12th December, 2014 has not been complied with. After notice of contempt was issued, Mr. Santanu Mitra learned advocate appeared for the alleged contemnor no.3, Sri Kallyanmoy Ganguly (Administrator), President, West Bengal Board of Secondary Education and Sri Joytosh Majumdar learned Government pleader appeared for the alleged contemnor nos. 1 and 2. In the order dated December 12, 2014 this Court issued some direction upon the West Bengal Board of Secondary Education to place the entire matter before the Director of School Education, West Bengal within a period of four weeks. The operative part of the order is as follows: "In view of the above I also direct the West Bengal Board of Secondary Education to place the entire matter before the Director of School Education, West Bengal, within a period of four weeks from the date of communication of the order and the matter being so placed the Director of School Education shall forward his views in the matter of grant of finance within four weeks thereafter to the Secretary, Education Department, who shall take a decision, if not already taken in the meantime, in the matter within eight weeks. After receipt of the views from the Director of School Education he will give an opportunity of hearing to the petitioners with regard to the grant of financial assistance to the school in question. The Secretary, Education Department shall also communicate his decision to the petitioners within a period of two weeks from the date of decision to be so taken."
(3.) After hearing Mr. Mitra and as it reveals from the contempt application itself that the West Bengal Board of Secondary Education was directed only to place the matter before the Director of School Education and it is undisputed that the board complied with the direction so passed on it in time and having regard to such compliance the matter could subsequently be taken up by the other contemnors.;


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