24.01.2024

Mr. DKM Ali, Advocate...for the applicants  Thereafter,  the  petitioners  filed

applications  to  the  concerned  authority No  one  appears  for  the  contemnor-

respondents   for their appointment but the respondents did  not  respond  to  those.  Finding  no

This  is  an  application  for  personal

other alternative the petitioners filed the appearance of contemnor 8.

above Contempt Petition No.191 of 2018 The facts leading to disposal of this

and a bench of this Division issued Rule application,  in  brief,  are  that  contempt-

upon the contemnors to show cause as to petitioners as applicants filed applications

why a proceeding for contempt of Court to the concerned railway authority in 2014

shall not be drawn up against them for to get appointment in the post of waymen.

non-compliance  of  the  judgment  and They appeared in the written test and viva

order  passed  by  this  Division  in  the voce examination and was selected finally

aforesaid writ petition and why they will for  the  posts.  Subsequently,  when  the

not be punished for committing contempt concerned  authority  was  not  giving  them

of Court. Notices of the Rule have been appointment  they  filed  Writ  Petition

served  upon  the  respondents  but No.7498 of 2014 in this Court and Rule was

respondent  8  did  not  appear.  The issued calling upon the respondents to show

applicants  finding  no  other  alternative cause as to why they should not be directed

has filed this application for his personal to finalize the appointment procedure of the

appearance.

petitioners  as  per  the  recommendation  of

the selection committee.   Mr. AKM Ali, learned Advocate for the applicants takes us through the

During  pending  of  the  said  writ

application  for  personal  appearance  of petition, the petitioners filed an application

contemnor-respondent  8  Ashim  Kumar for  injunction  restraining  the  respondents

Talukder,  General  Manager  (West), from giving appointment outside the final

Bangladesh  Railway,  Rail  Bhaban, list of candidates. Upon such application a

Rajshahi and submits that after disposal bench  of  this  Division  directed  the

of the writ petition the petitioners sent respondents to keep 11 posts vacant for the

notices upon the contemnors on several petitioners. However, subsequently the Rule

occasions. Lastly they sent a notice to was  disposed  of  by  this  Division  on

contemnor on 05.11.2023 and requested 24.10.2017  and  the  respondents  were

him  to  implement  the  judgment  and directed  to  finalize  the  appointment

order passed in the aforesaid writ petition procedure  of  the  waymen  in  accordance

within 7 days. Mr. Ali also pointed us the with law.

legal opinion of the contemnors’ appointed Advocate where opinion was given to implement the judgment and order passed by this Court. Mr. Ali then submits that contemnor-respondent 8 is willfully violating this Court’s order and not implementing the order passed in the aforesaid writ petition. He finally prays for his personal appearance in this Court.

No one appears to oppose the application. Although, the notice of order dated 28.11.2023 passed by this Court has been served upon contemnor 8.

Considering the aforesaid facts as stated in the application and the submission of the learned Advocate for the contempt- petitioners, we find merit in this application. We find it necessary to call respondent 8 to appear before this Court to explain his position.

Therefore, contemnor-respondent 8 Ashim Kumar Talukder, General Manager (West), Bangladesh Railway, Rail Bhaban, Rajshahi is directed to appear b efore this Court in person at about 10.30 am on 28.02.2024 to explain the reason that prevented him from complying with the judgment and order dated 24.10.2017 passed by the High Court Division in Writ Petition No.7498 of 2014 failing which the law will take its own course.  

The office is directed to serve notice upon contemnor-respondent 8 with special messenger at the cost of the petitioners.