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Subrata Ghosh vs State Of West Bengal & Ors on 18 July, 2019

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2019
W.P. 18320(W) of 2018

Subrata Ghosh
Vs.
State of West Bengal Ors.

Mr. Uttam Bhattacharyya,
Mr. Kaustav Mishra
… For the Petitioner.

Mr. Arjun Ray Mukherjee
… For the State.

Leave as prayed for is granted to the petitioner to implead the Executive

Officer, Narayangarh Panchayet Samity, Belda, District: Paschim Medinipur as

party respondent No. 10 to this proceedings here and now.

The petitioner files the present writ petition for a direction upon the

respondent authorities particularly the newly added respondent No.10, Executive

Officer, Narayangarh Panchayet Samity, Belda, District: Paschim Medinipur.

Mr. Bhattaharyya, learned Advocate appearing for the petitioner submits that

the petitioner has been illegally suspended by the respondent No.10, Executive

Officer, Narayangarh Panchayet Samity, Belda, District: Paschim Medinipur on

5th March, 2018 on the ground that the petitioner was detained more than 48

hours in Police custody in connection with a criminal case initiated vide case

no.55/18 dated 15th February, 2018 under Sectionsections 498A/Section302 I.P.C. Mr.

Bhattacharyya further submits that the criminal case has no nexus with the

petitioner’s service. Therefore, the petitioner should not be under suspension for

indefinite period. Therefore, Bhattacharyya submits that court should direct the

respondent No.10, Executive Officer, Narayangarh Panchayet Samity, Belda,
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District: Paschim Medinipur to immediately withdraw the suspension order and

allow the petitioner to resume his duties.

Mr. Roy Mukherjee, learned Advocate appearing for the State respondents

submits that the petitioner has not made any representation before the

respondent No.10, Executive Officer, Narayangarh Panchayet Samity, Belda,

District: Paschim Medinipur thereby ventilating his grievance.

Considering the submissions as advanced by the learned Advocate appearing

for the parties and after perusing the records, I direct the petitioner to submit a

comprehensive representation before the respondent No.10, Executive Officer,

Narayangarh Panchayet Samity, Belda, District: Paschim Medinipur within ten

days from today.

If such representation is made, the respondent No.10, Executive Officer,

Narayangarh Panchayet Samity, Belda, District: Paschim Medinipur is directed to

take a decision in accordance with law after giving an opportunity of hearing to

the petitioner or his authorised representative within two weeks and thereafter

communicate the decision within one week thereafter.

Needless to mention at the time of hearing the petitioner is at liberty to

produce all circulars, Government order, Notification as well as the Hon’ble

Supreme Court’s order and the Hon’ble High Court’s order time to time passed.

Needless to mention that respondent No.10 Executive Officer, Narayangarh

Panchayet Samity, Belda, District: Paschim Medinipur further directed that at

the time of taking decision he shall consider the Government order dated 5th

July, 2012 being Memo No.3791/PN/O/III/2E-75/12 and other documents and
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the decisions time to time passed by the Hon’ble Apex Court and the Hon’ble

High Court.

With these directions, the writ petition is disposed of.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the

parties on priority basis.

( Samapti Chatterjee, J. )

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