Arabinda Pal Vs Union of India and Ors. — Calcutta HC (2024) — LawSathi Research

Arabinda Pal Vs Union of India and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Respondents directed to file a reply to OA 584 of 2017 before the learned Tribunal by 18th July, 2024, annexing the documents produced before this Court, with copy to petitioner's counsel; petitioner permitted to file rejoinder by 22nd July, 2024; learned Tribunal requested to dispose of the OA on the returnable date of 24th July, 2024 or as expeditiously as possible thereafter without unnecessary adjournments; writ petition disposed of with no order as to costs.

Issue for consideration

Whether the Court should secure expeditious disposal of OA 584 of 2017 pending before the learned Tribunal since 2017, by requiring the respondents to furnish clarifications/instruction and file a reply to the OA.

Court's answer

The Court directs the respondents to file a reply to the OA before the learned Tribunal, annexing the documents produced before this Court.

Ratio / Principle

Such reply is to be filed before the learned Tribunal by 18th July, 2024, with a copy to the petitioner's advocate before the Tribunal.

Key takeaways

The petitioner is at liberty to file a rejoinder to the reply by 22nd July, 2024, with a copy to the respondents' advocate before the Tribunal.ratio¶16
The Court requests the learned Tribunal to dispose of the OA on the returnable date (24th July, 2024) or as expeditiously as possible thereafter, without granting any unnecessary adjournment to either party, the OA being pending since 2017.ratio¶20

Detailed headnote1 paragraphs

Writ petition (CO.CT 2 of 2024, decided 04.07.2024) by Arabinda Pal against Union of India & Ors., praying for expeditious disposal of OA 584 of 2017 pending before the learned Tribunal since 2017, in which an order dated 9th March, 2017 issued by the Chairman, Railway Recruitment Board, Kolkata is sought to be set aside. The Tribunal's directions of 29th September, 2021 and 12th June, 2023 seeking clarifications were not complied with by the respondents, and the matter was repeatedly adjourned at their instance; the next hearing stood fixed for 24th July, 2024. Following an earlier order of 12th June, 2024 requiring instruction, the respondents' advocate confirmed that the clarification and necessary instruction had been furnished, and the documents produced were kept on record with copies handed to the petitioner's counsel. The Court directed the respondents to file a reply to the OA before the Tribunal by 18th July, 2024, annexing those documents, gave the petitioner liberty to file a rejoinder by 22nd July, 2024, and requested the Tribunal to dispose of the OA on the returnable date or as expeditiously as possible thereafter without unnecessary adjournments to either party. The writ petition was disposed of; no order as to costs. Bench: Partha Sarathi Chatterjee, J. and Tapabrata Chakraborty, J.

1 04.07.2024 Ct. No. 11 rrc

CO.CT 2 of 2024 (Arabinda Pal Vs Union of India & Ors.)

Mr. Chittyapriya Ghosh Mr. Sandipan Pal Ms. Tithi Chakraborty Ms. Maitrayee Chatterjee

….. For the petitioner

Mr. Kalyan Chakraborty Mr. Pradyat Saha

…. For the respondents

Affidavit-of-service filed by the petitioner be kept on

record.

The present writ petition has been preferred primarily praying for expeditious disposal of the original application (hereinafter referred to as OA) being OA 584 of 2017.

Mr. Ghosh, learned advocate appearing for the petitioner submits that the OA was preferred primarily praying for setting aside an order dated 9^th March, 2017 issued by the Chairman, Railway Recruitment Board, Kolkata. The OA appeared before the learned Tribunal on 9^th August, 2021 when certain clarifications were sought for from the respondents and the matter was made returnable on 29^th September, 2021. Such direction was, however, not complied with by the respondents and as such, when the OA again appeared on 12^th June, 2023, the learned Tribunal directed the respondents to provide such clarification, as sought for earlier, within ten days. The said order was also not complied with and the matter

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was repeatedly adjourned thereafter at the instance of the respondents. The next date has been fixed for hearing on 24^th July, 2024.

In the said conspectus, by an earlier order dated 12^th June, 2024, we directed the respondents to furnish appropriate instruction to Mr. Chakraborty, learned advocate appearing for the respondents.

Today Mr. Chakraborty submits that such clarification and necessary instruction has been furnished by the respondents. Let the documents, as produced, be kept on record. Copies of the said documents have been handed over to Mr. Ghosh in Court today.

In view thereof, we direct the respondents to file a reply to the OA before the learned Tribunal, annexing the documents, as produced before this Court today.

Let such reply be filed before the learned Tribunal by 18^th July, 2024, with a copy to the learned advocate appearing for the petitioner before the learned Tribunal. The petitioner would also be at liberty to file a rejoinder to the same within 22^nd July, 2024, with a copy to the learned advocate appearing for the respondents before the learned Tribunal.

We have been informed that the OA has been fixed for further consideration on 24^th July, 2024.

In view thereof, we would request the learned Tribunal to dispose of the OA on the returnable date or

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as expeditiously as possible thereafter, without granting any unnecessary adjournment to either of the parties since the OA is pending since the year 2017.

With the above observations and directions, the writ petition is disposed of.

There shall, however, be no order as to costs.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)