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2025 DAILYLAW 46477 (CAL)

CHANDANA BHOWMIK KHANRA v. ANIL KUMAR MISHRA GENERAL MANAGER S EASTERN RAILWAY AND ORS

CPAN/1565/2023 · 2025-03-20

Rai Chattopadhyay, Suvra Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

March 20, 2025 (5) ARDR (D/B) CPAN 1565 of 2023 In WPCT 106 of 2023 Chandana Bhowmik Khanra Vs. Anil Kumar Mishra & ors. Adv. Subhankar Sen, Adv. Lord Chatterjee, Adv. Madhuparna Charkraborty …for the applicant. Adv. Sucharita Biswas, …for the alleged contemnor. Heard learned counsels for the parties. The present application has been filed for violation of the order dated 21st June, 2023 in WPCT 106 of 2023. By the said order, the respondents/alleged contemnors were directed to comply with the order dated 16th March, 2020 by adopting identical process as adopted for the petitioner in WPCT 74 of 2016 while considering the claim of the petitioners and pass orders within four months from the date of the order. WPCT 74 of 2016 deals with the issue of age bar while considering the appointment of the applicants. In the supplementary affidavit filed on behalf of the alleged contemnor no.2, a compliance report has been annexed wherein it is stated that in compliance with the order under contempt, the applicant was declared suitable upon verification of the documents submitted by her. The applicant submitted a disability certificate before the authority demonstrating forty percent disability. A letter was issued by the ACMS/PNE/KGP on 20th August, 2023 to Sr. BPO/KGP stating that disability mentioned in the 2 disability certificate of the applicant did not match with the finding of her clinical and radiological examination. The applicant was directed to attend the Disability Board on 8th July, 2024 and upon examination of the petitioner, she was declared fourteen percent disabled. The authority held that the applicant had misled the authority for which her appointment could not be considered. The said fact has been denied and disputed by the applicant. It is not in dispute that the applicant applied before the authority under the PWBD category as a physically disabled person. The age of the petitioner did not stand as an impediment to her proposed appointment. Upon consideration of the material on record, we are inclined to hold that the order under contempt has been substantially complied with by the alleged contemnor. As such, the contempt application being CPAN 1568 of 2023 is disposed of. Urgent certified website copy of this order, if applied for, be given to the parties, upon compliance with all requisite formalities. (Rai Chattopadhyay, J.) (Suvra Ghosh, J.)