2009 (1) TMI 870

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.... ARIJIT PASAYAT, J. 1. Heard learned counsel for both the parties. 2. Leave granted. 3. This appeal arises from the order passed by the Division Bench of the Calcutta High Court allowing the writ appeal filed by the respondent No.1. 4. The facts, as presented by the appellants, are as follows: Respondent No.1 was appointed to the post of Superintendent of Chhoto Jagulia Junior Technica....

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....rative Tribunal (in short 'the Tribunal') and interim order was passed by the Tribunal directing that there should be so interference with the functioning of the present respondent No.1. Alleging that the interim order was not being carried out contempt petition was filed. Tribunal disposed of the petition with certain directions. Subsequently, on 30.3.1998 the Original Application was dismissed o....

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....tiated. The Division Bench directed that lawful arrears have to be paid. Certain directions were given making stringent observations against the officials. An amount of Rs. 7,33,567/- was paid. The High Court was primarily of the view that since the proceedings for absence were not initiated, the appellant should be bound to pay and there was no question of any prejudice involved. The writ appe....

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....at even without condoning the delay and entertaining the writ appeal the High Court has passed series of interim orders. Such a course is impermissible as the appeal was non-est in the eye of law without it being entertained. Admittedly, the delay in preferring the writ appeal was not condoned at the time when the interim orders were passed. The High Court has committed another error in holding th....