Pradip Mukherjee Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

Pradip Mukherjee Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 3 to dispose of the petitioner's representation dated 17th February, 2023 by passing a reasoned order within three months of communication of this order, after giving the petitioner an opportunity to produce documents in support of his contention that he was not present in the protest rally consequent upon which he had been de-mobilized.

Issue for consideration

Whether respondent no. 3 should dispose of the petitioner's representation dated 17th February, 2023 by passing a reasoned order, considering the petitioner's contention that he did not participate in the protest rally on account of which he was de-mobilized.

Court's answer

Respondent no. 3 is directed to consider the petitioner's case in the light of the submissions made and to dispose of the petitioner's representation dated 17th February, 2023 by passing a reasoned order within three months from the date of communication of this order, after giving the petitioner an opportunity to produce documents in support of his contention that he was not present in the protest rally consequent upon which he had been de-mobilized.

Key takeaways

Since the Court did not call for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.obiter¶16

Detailed headnote1 paragraphs

Civic volunteer (empanelled 10.10.2023, attached to Jay Nagar Police Station since 26.07.2014) de-mobilized after wrong information reached his superiors that he had participated in a protest rally; he was later allowed to serve as water carrier in two different police stations. No service rule governs civic volunteers, whose engagement rests on Government Circulars, and the allegation against him was at the highest one of misconduct, given a go-bye by the later engagement. Writ petition disposed of: respondent no. 3 directed to consider the petitioner's representation dated 17.02.2023 and pass a reasoned order within three months of communication, giving him an opportunity to produce documents to show he was absent from the rally. No affidavits called; allegations deemed not admitted. (Arindam Mukherjee, J.)

07.08.2024 Ct. 23 M/L 37 ab

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

WPA 7659 of 2024

Pradip Mukherjee

-Vs-

The State of West Bengal & Ors.

Mr. Sayan Banerjee, Ms. Suparna Dutta … for the petitioner

Mr. Somnath Ganguly, Ms. Priyamvada Singh

… for the State

Affidavit of service filed in Court today is taken on record.

The petitioner was empanelled as a civic volunteer on 10^th October, 2023 and was attached to Jay Nagar Police Station since 26^th July, 2014. The petitioner says that although the petitioner did not participate in a protest rally but a wrong information was passed on to the superiors of the petitioner that the petitioner had actually participated in the protest rally. The petitioner was thereafter de-mobilized but later on he was allowed to discharge his duties as a water carrier in the police station. There is no service rule which governs the civil volunteers. Their engagement is on the basis of Government Circulars. The allegation

2

against the petitioner is at the highest that of misconduct, which has also been given a go-bye when the petitioner had been allowed to perform the duties of water carrier in two different police stations subsequent to being de-mobilized.

In the aforesaid facts and circumstances, the respondent no. 3 is directed to consider the petitioner’s case in the light of the submissions made hereinabove and dispose of the petitioner’s representation dated 17^th February, 2023 by passing a reasoned order within a period of three months from the date of communication of this order after giving the petitioner an opportunity to produce documents in support of his contention that the petitioner was not present in the protest rally consequent upon which he had been de-mobilized.

Nothing further remains to be adjudicated in this writ petition. The same is accordingly disposed of.

Since I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

( Arindam Mukherjee, J .)