Public officials' non-compliance with court orders can lead to disciplinary actions and impact judicial processes.

1. This Court vide order dated 21.05.2025 had directed the respondent to file an affidavit within a period of two weeks clearly disclosing the following:-

“(a) details of the alleged pending vigilance enquiry, (b) the nexus, if any, between the said enquiry and the petitioner’s outstanding dues, and (c) the estimated time frame within which the pending vigilance enquiry is expected to be concluded.”

2. This matter was again listed on 16.07.2025. Learned Counsel for the respondent-Corporation sought further time of three weeks to file his affidavit in terms of the order dated 21.05.2025.

3. Today, Mr. Alak Kumar Ghosh, learned counsel for the Kolkata Municipal Corporation (“KMC”), appears and submits that the officers of the Corporation have willfully failed to communicate with him and have withheld necessary information, thereby rendering him unable to file the affidavit mandated by this Court. He states that, despite repeated reminders, there has been no cooperation from the concerned officials. Consequently, he has informed the department that, under such circumstances, he will not be able to continue assisting this Court in the present matter. He, therefore, prays for his discharge from representing the Corporation in this writ petition.

4. This Court views with utmost disapproval the fact that a counsel who has consistently represented the Corporation and has been rendering assistance in numerous writ petitions over a considerable period is compelled to seek discharge due to deliberate and unjustified non-cooperation on the part of the respondent,KMC. Such conduct on the part of public officials amounts to a clear dereliction of duty, obstructs the administration of justice, and demonstrates an alarming disregard for lawful Court directions.

5. Considerable and valuable judicial time has already been squandered due to the Corporation’s repeated failure to comply with the order dated 21.05.2025. In these circumstances, the Commissioner, Kolkata Municipal Corporation, is hereby directed to forthwith take personal cognizance of the matter, identify the officers/officials responsible for this lapse, and initiate appropriate disciplinary proceedings against them. The Commissioner shall also issue standing instructions to ensure that empanelled counsels of the Corporation are given full, timely, and unhindered assistance in the discharge of their duties. This Court makes it clear that any recurrence of such non-compliance will be viewed as deliberate obstruction of the judicial process, inviting appropriate action in accordance with law, including initiation of contempt proceedings against the erring officials.

6. In light of the submissions of Mr. Alak Kumar Ghosh, the Commissioner shall, without delay, appoint a replacement counsel to represent the Corporation in this writ petition and ensure that an affidavit in strict compliance with the order dated 21.05.2025 is filed within two weeks from today. Any exception thereto shall be filed within one week thereafter. Failure to adhere to this timeline will invite further orders from this Court, including the imposition of costs personally recoverable from the responsible officers.

7. Let the matter be listed after four weeks (10.09.2025).

8. Let a copy of this order be communicated to the Commissioner, Kolkata Municipal Corporation for due compliance.