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Judgment
Re: CAN 3025 of 2020.
CAN 3025 of 2020 is an interim application for direction filed in the appeal. The applicants complain that despite specific direction contained in the order dated 12th February, 2020, the Chairman, Railway Board (hereafter the chairman) has not passed an order disposing of the representation of the applicants dated 14th February, 2020.
Although we are informed that the respondents have been put on notice, none appears on their behalf.
We have heard Mr. Mukherjee, learned senior advocate for the applicants. The order dated 12th February, 2020 is eloquent and it needs no reiteration
that if indeed the allegation of the applicants is correct, the respondents by failing to pass an order have not only been remiss in showing respect to this Court but such failure borders on a contempt of Court. The lockdown presently in force had not been announced by the time the chairman was required to comply with such order.
Be that as it may, we direct the chairman to pass an appropriate order on the representation dated 14th February, 2020 within a week from date of receipt of a copy of this order and to communicate the same to the applicants by electronic mode immediately thereafter.
If, however, an order has indeed been passed by the chairman disposing of the said representation, such order shall be communicated to the applicants in the mode as aforesaid immediately but not later than three days from date of receipt of a copy of this order.
The application (CAN 3025 of 2020) stands disposed of, without costs. Since no affidavit has been called for, allegations levelled in the application
shall not be deemed to have been admitted by the respondents.
The applicants shall be at liberty to seek further relief, in accordance with law, if the occasion so demands.