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2026 DAILYLAW 43278 (CAL)

DVC EMPLOYEES CO-OPERATIVE STORES AND CANTEEN LIMITED v. DAMODAR VALLEY CORPORATION AND OTHERS

RVW/245/2026 · 2026-09-24

Ajay Kumar Gupta, Rajasekhar Mantha

body2026

Judgment text

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24.09.2026 Court No. 13 ADSL. 1 sp RVW 245 of 2026 With CAN 1 of 2026 With CAN 2 of 2026 DVC Employees Co-operative Stores & Canteen Limited Vs. Damodar Valley Corporation & Ors. With C.P.A.N. 402 of 2026 In MAT 399 of 2025 Ashok Biswas Vs. Puspenjit Das Mr. Debapriya Chatterjee. … for the review applicant. Mr. Senjuti Sengupta, Mr. Rananeesh Guha Thakurta. ..for the appellant. Mr. D.N. Ray, Mr. Ajit Kr. Misra, Mr. Indradeep Pal. ..for the State. Re: CAN 1 of 2026 1. This Court does not find that the delay of 180 days not appropriately explained in filing CAN 2 of 2026. 2. The delay in filing the CAN 1 of 2026 and the review application cannot be condoned. 3. Hence, CAN 1 of 2026 shall stand dismissed. 4. Consequently, CAN 2 of 2026 shall also stand dismissed. Re: RVW 245 of 2026 5. Review is sought of this Court’s order dated 9th February, 2026 on a three-fold ground. 6. Firstly, that the respondent/writ petitioner was a casual worker and not a permanent employee of the 2 DVC. The West Bengal Service Rules of 1980 would have no manner of application. 7. This Court notes that the issue was already dealt with by this Court in its order dated 9th February, 2026 and cannot be re-opened in review. 8. Learned counsel for the review applicant has sought to rely upon certain documents without bringing the same on record by way of affidavit while seeking review of an order passed in February, 2026 today. 9. Therefore, this is no new evidence, that can be looked into by this Court that was not available to the review applicant to produce at the time of hearing of the matter on 9th February, 2026. There is otherwise no error on the face of record. 10. If the Special Officer has referred to certain incorrect rules, there is no document on record to indicate that the said order of suspension dated 11th December, 2023 was ever recalled by the DVC. 11. In the light of the above, this Court sees no reason to invoke the provision of order 47 of the Code of Civil Procedure. 12. RVW 245 of 2026 shall stand dismissed. 13. There shall be no order as to costs. Re: CPAN 402 of 2026 14. The Court’s order dated 9th February, 2026 has not been complied with till date. 3 15. In that view of the matter, let a rule be issued directing the alleged contemnor as mentioned in the contempt application to be personally present in Court on the returnable date and explain as to why he should not be committed to prison or otherwise penalized or dealt with for having wilful and deliberate violation of the order dated February 9, 2026 passed by this Court in MAT 399 of 2025. 16. The Rule is made returnable on 13th November, 2026. 17. The appellant shall put in the requisites for the aforesaid purpose by 1st October, 2026. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.) Rule is drawn in a separate sheet.