In this writ petition regarding alleged illegal padlocking of office and subsequent removal from the post of Adhakshya, the Court held that removal constituted a fresh cause of action. Consequently, no relief was granted at this stage, allowing the petitioner to challenge the removal order in the proper forum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No.124
In The High Court At Calcutta Constitutional Writ Jurisdiction (via video conference)
09.03.2021 Ct-24
W.P.A.2650 of 2021
Sri Samiran Mitra v
The State of West Bengal & Ors. with CAN 1 of 2021
Mr. Tapan Kumar Dey Mr. Ashis Kumar Dutta … for the petitioner.
Mr. Sandip Kumar Bhattacharyya Mr. Suman Basu … for the respondent nos. 4 & 6.
Mr. Arindam Sen Mr. S.P. Shaw Ms. Rinku Sen … for the respondent no. 5.
The petitioner claiming to be the Adhakshya under the Hooghly Zilla Parishad filed the writ petition on the allegation that the respondents have illegally and unauthorizedly put a padlock in his office.
During pendency of the said writ petition an order was passed by the Assistant Commissioner, Burdwan Division removing the petitioner from the post of Adhakshya.
The same is an absolute fresh cause of action.
2
No relief can be granted to the petitioner in the instant case at this stage.
It will be open for the petitioner to challenge the order removing him from the post of Adhakshya in the proper forum, if so advised.
The writ petition and the connected application stand disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.
Sh ( Amrita Sinha, J.)
1 issue framed by the court
Whether relief can be granted in the petition alleging illegal padlocking of office and removal from post at this stage.
Sri Samiran Mitra
The State of West Bengal
Respondent no. 4
Respondent no. 5
Respondent no. 6
Amrita Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
