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2018 Supreme(Cal) 386

TAPABRATA CHAKRABORTY, MIR DARA SHEKO
Asim Kumar Bhattacharyya – Appellant
Versus
Kaushik Chatterjee – Respondent


Advocates Appeared:
For the Petitioner: Mr. D.N. Roy, Mr. Sankha Ghosh, Mr. Manujendra Narayan Roy
For the Alleged contemnors : Mr. Joytosh Majumder, ld. G.P, Mr. Pinaki Dhole, Mr. Avishek Prasad

JUDGMENT :

In re: C.P.A.N 835 of 2017

1. Heard Mr. Majumder, learned Government Pleader being assisted by Mr. Pinaki Dhole and Mr. Avishek Prasad representing the alleged contemnors and learned counsel Mr. D.N Roy being assisted by Mr. Sankha Ghosh and Mr. Manujendra Narayan Roy representing the applicant in the contempt application where the only lis is as to whether there has been a violation of this Court’s order directing the respondents to conclude the disciplinary proceeding on or before 9th June, 2017.

2. Learned counsel for the applicant/writ petitioner relying upon paragraph nos.14, 15 and 16 in the case of Sethi Auto Service Station & Anr. Vs. Delhi Development Authority & Ors., reported in (2009) 1 SCC 180 and paragraph nos.31, 35 and 36 in the case of Yoginath D. Bagde vs. State of Maharashtra & Anr., reported in (1999) 7 SCC 739 submits that the final order in the disciplinary proceeding was passed without grant of any opportunity of hearing and as such the same is not sustainable and since communication of the result of the disciplinary proceeding was not complete within the period fixed by the Court, last date of which was 9th June, 2017, there has been a deliberate vio




















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