'Malaise In System': Calcutta HC Raps Gov Authorities For Not Complying With Orders For Years Despite Not Filing Appeal, Imposes Rs 25K Costs

The Calcutta High Court on Monday imposed costs to the tune of Rs 25,000 on an alleged contemnor for not taking steps for compliance of an earlier order for a period of 7 years despite a contempt application being filed back in 2015. 

Justice Shekhar B. Saraf also came down heavily on the practice of government authorities of not complying with orders of the Court for years on end and thereafter informing the Court that an appeal is to be filed whenever the Court presses for compliance of the order. 

"The malaise in the system of not challenging the orders, accepting the same and thereafter not complying with the same is seen in hundreds of matters that are being filed. The Authorities of the State choose not to comply with the order in blatant disregard of the orders passed by the High Court and drag their feet in the matter for years on end. When the Court presses for compliance of the order, the Court is informed that an appeal has either just been filed a few days back or is going to be filed immediately", the Court underscored. 

In the instant case, government pleader Anirban Ray appearing on behalf of the alleged contemnor submitted before the Court that an appeal has been filed against the order dated January 2, 2015. Accordingly he sought adjournment in the matter. 

Upon perusal of the record, the Court noted that the original order had been passed on January 2, 2015 and the contempt application was thereafter filed on October 15, 2015. Accordingly, the Court expressed its displeasure at the conduct of the alleged contemnor for not taking any steps for a period of seven years in spite of the contempt application having been filed in 2015. 

Depreciating the conduct of the government pleader for seeking an adjournment on this ground, the Court observed, 

"The present situation is akin to the above and the prayer of the Government Pleader seeking an adjournment in this matter is deprecated by this Court. The system requires change and unless costs are imposed upon the present alleged contemnor, I do not see any improvement taking place."

Accordingly, the Court adjourned the matter for a period of four weeks and imposed costs to the tune of Rs.25,000 on the alleged contemnor for seeking the adjournment on grounds stated above. The cost was directed to be paid to the High Court Legal Services Authority within a period of seven days. 

The government pleader was also ordered to take steps at a war footing to have the appeal and the stay application heard expeditiously. The matter is slated for further hearing on May 5. 

Case Title: Bidyut Kumar Mondal v. Pankaj Sarkar & Anr

Case Citation: 2022 LiveLaw (Cal) 147

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