Disposed

State of West Bengal v. Sandeep Prasad and Ors.

Calcutta HC6 Dec 2021MAT/1256/2021

Case brief

AI extract

What is this about?

The court accepted an application for extension of time for an enquiry committee to complete its investigation. The court deemed materials submitted sufficient, extended the time by four months, and expunged adverse remarks from a prior order.

What did the court decide?

The time to complete the enquiry is extended by four months; adverse remarks in the order dated February 09, 2022, are expunged.

State of West Bengal Vs Sandeep… — Constitutional and Fundamental Rights | Calcutta HC (2021)

¶1

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

¶2

MAT No. 1254 of 2021 WITH

¶3

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.

¶4

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.

¶5

Mr. Santanu Kumar Mitra

¶6

…for the Appellants ( in MAT 1254 of 2021)

¶7

Dr. Sutanu Kumar Patra Ms. Supriya Dubey

¶8

…for the Appellants ( in MAT 1255 of 2021)

¶9

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

¶10

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

¶11

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

¶12

Mr. Subhankar Nag Mr. Jasojit Mukherjee

¶13

…for the Intervenor

¶14

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.

¶15

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.

¶16

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.

¶17

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.

¶18

(Harish Tandon,J)

¶19

(Rabindranath Samanta,J)

State of West Bengal v. Sandeep Prasad and Ors.

Case brief

What is this about?

What did the court decide?

State of West Bengal v. Sandeep Prasad and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

ONGC Limited Vs Square Four Assets Management and Reconstruction Company Pvt. Ltd. and Ors.

Smt Rina Mandal Vs State of West Bengal & Ors.

Samad Ali @ Samed Ali & Ors. Vs Sultanpur Alaya Madrasah

Arijit Mondal and Ors. Vs Sandeep Prasad and Ors.

Asto Roy and Ors. Vs Sandeep Prasad and Ors.

Asto Roy and Ors. Vs Sandeep Prasad and Ors.