Dismissed¶13

Khosbu Ali Shaikh and Anr. v. State of West Bengal and Ors.

Calcutta HC1 Feb 2024WP.ST/6/2024

Case brief

AI extract

What is this about?

Stale/delayed writ petition; writ against tribunal order; O.A. 260 of 2011; Tribunal order dated 5 January 2012; Kolkata Police Constable recruitment 2009; expired panel; WPST 139 of 2023 coordinate Bench; dismissal of similar writ petitions on ground of inordinate and unexplained delay; petitioner idle for 12 years; writ petition dismissed; no order as to costs. Parties: Khosbu Ali Shaikh & Ors. v. State of West Bengal & Ors. Counsel: Sutirtha Das, Sourajit Mukherjee (petitioners); Tapan Kumar Mukherjee (Ld. AGP), Pinaki Dhole, Arindam Ghosh (State). Judges: Partha Sarathi Chatterjee J., Tapabrata Chakraborty J.

What did the court decide?

None — the writ petition was dismissed and there was no order as to costs. ¶13

Khosbu Ali Shaikh and Anr. Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

¶1

4 01.02.2024 Ct. No. 11 Jayanta

¶2

WP.ST 6 of 2024

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Khosbu Ali Shaikh & Ors. Vs. State of West Bengal & Ors.

¶4

Mr. Sutirtha Das Mr. Sourajit Mukherjee ….. For the petitioners.

¶5

Mr. Tapan Kumar Mukherjee, Ld. AGP Mr. Pinaki Dhole Mr. Arindam Ghosh

¶6

….. For the State.

¶7

Affidavit-of-service filed by the petitioner be kept on record.

¶8

This writ petition, which was instituted challenging the order dated 5^th January, 2012 passed by the learned Tribunal in O. A. 260 of 2011, pertains to a dispute cropped up as regards the appointment in the post of Constable in Kolkata Police. The selection process was undertaken in 2009 and the panel prepared for the post has expired since long back.

¶9

Drawing our attention to an order passed by a coordinate Bench of this Court in W.P.S.T. 139 of 2023, Mr. Das, learned advocate appearing for the petitioner in his useful fairness submits that a bunch of writ petitions was filed on similar issue and all the writ petitions have been dismissed on ground of delay.

¶10

Let the copy of the order as produced be retained with record.

¶11

¶12

Mr. Mukherjee, learned Additional Government Pleader enters appearance on behalf of the State.

¶13

A coordinate Bench of this Court dismissed the writ petitions filed on similar issues on the ground that the petitioner caused inordinate delay in preferring the writ petition and no satisfactory explanation towards delay has been given. We express our agreement to such observation and order passed in WPST 139 of 2023. The learned Tribunal passed the order in 2012 and the petitioner was sitting idle for 12 years and then, suddenly, he woke up from deep slumber and challenged the order of the learned Tribunal by preferring the writ petition. We also do not find any justification for such delay in preferring this writ petition. Accordingly, for the reason stated above, this writ petition is dismissed.

¶14

There shall, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible.

¶15

(Partha Sarathi Chatterjee,J.) (Tapabrata Chakraborty,J.)

Khosbu Ali Shaikh and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Khosbu Ali Shaikh and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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