Disposed

West Bengal Board of Secondary Education and Anr. v. Sandeep Prasad and Ors.

Calcutta HC6 Dec 2021MAT/1254/2021

Case brief

AI extract

What is this about?

The Court addressed an exception regarding the composition of a committee and the process for seeking an extension of time. It dismissed the suggestion of an adversarial procedure, expunged adverse remarks from a previous order, extended the enquiry period by four months, and permitted a member to file the application.

What did the court decide?

Adverse remarks expunged; time extended by four months to complete the enquiry.

West Bengal Board of Secondary Education and Anr. Vs Sandeep Prasad and Ors. — Calcutta HC (2021) — LawSathi Research

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14.02.2022 rc/ct.no.04 Item No.3-6

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MAT No. 1254 of 2021 WITH

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IA No. CAN 2 of 2022 West Bengal Board of Secondary Education & Anr. Versus Sandeep Prasad & Ors. And MAT No. 1255 of 2021 West Bengal Board of Secondary Education & Ors.

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Versus Sandeep Prasad & Ors. And MAT No. 1256 of 2021 State of West Bengal Versus Sandeep Prasad & Ors. And MAT No. 1273 of 2021 Asto Roy & Ors. Versus Sandeep Prasad & Ors.

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Mr. Santanu Kumar Mitra

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…for the Appellants ( in MAT 1254 of 2021)

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Dr. Sutanu Kumar Patra Ms. Supriya Dubey

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…for the Appellants ( in MAT 1255 of 2021)

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Mr. S.N.Mookherjee, Ld. AG. Mr. Anirban Ray, Ld. GP Mr. Bhaskar P. Vaisya Mr. Jaydip Banerjee Mr. Ayan Banerjee Mr. D.N.Mukherjee

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…for the Appellants ( in MAT 1256 of 2021) …for the State ( in MAT 1254/1255 of 2021)

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Mr. Bikash Ranjan Bhattacharya, Sr. Adv. Mr. Sudipta Dasgupta Mr. Bikram Banerjee Mr. Arkadeb Biswas Mr. Arka Nandi Mr. Sutirtha Nayek …for the respondents

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Mr. Subhankar Nag Mr. Jasojit Mukherjee

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…for the Intervenor

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A serious exception has been taken by Mr. Bikash Ranjan Bhattacharya, learned senior counsel appearing for the respondent that the committee constituted by us should not treat the litigation as an adversial and one member thereof should not have filed the application even for seeking extension. According to him, it is all along an usual practice of this Court that on oral mentioning, the time is extended by the Court for completion of the onerous task entrusted upon the committee.

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We appreciate the concern shown by Mr. Bhattacharya. However, we are of the view that some materials are required for the purpose of considering the prayer for extension of time. Documents must form part of the proceeding.

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We definitely do not appreciate that a member of the committee would file an application in his individual capacity being an integral part of the committee. We accept the application and proceeded with the same on the disclosure made therein. Without going into the disclosure made therein since a substantial progress have been shown to have been made and there are quite a good amount of persons to be interrogated and/or to be called for disclsoure of the facts we extend the time by four months from date to complete the enquiry.

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Adverse remarks made in the order dated February 09, 2022 against the committee shall not form part of the record and be treated to have been expunged.

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(Harish Tandon,J)

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(Rabindranath Samanta,J)

West Bengal Board of Secondary Education and Anr. v. Sandeep Prasad and Ors.

Case brief

What is this about?

What did the court decide?

West Bengal Board of Secondary Education and Anr. v. Sandeep Prasad and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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