Kolkata Court November 2007 Judgments
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Minto Ranjan Poddar Vs. South Dum Dum Municipality and ors.
Court: Kolkata
Decided on: Nov-22-2007
Reported in: 2008(1)CHN253
Pranab Kumar Chattopadhyay, J.1. The instant appeal has been preferred at the instance of the writ petitioner assailing the order dated 11th May, 2007 passed by the learned Single Judge in the writ petition bearing W.P. No. 8898(W) of 2007 whereby and whereunder the said learned Single Judge dismissed the writ petition. In connection with the aforesaid appeal, an application for stay has also been filed on behalf of the appellant. We have heard the Learned Counsel of the respective parties in connection with the aforesaid appeal as well as the stay application.2. The present appeal arises out of the writ petition which was filed challenging the decision of the South Dum Dum Municipality as communicated by the Executive Officer of the said municipality by the written communication dated 23rd April, 2007. By the aforesaid written communication dated 23rd April, 2007, the appellant herein was asked to demolish the alleged illegally constructed area mentioned in the said written communicat...
Indian Oil Corporation Ltd. Vs. Manohar Kumar Keswani
Court: Kolkata
Decided on: Nov-22-2007
Reported in: 2008(1)CHN778,[2008(116)FLR138],(2008)ILLJ1100Cal
P.K. Chattopadhyay, J.1. The instant appeal has been preferred by the appellant herein assailing the judgment and order passed by the learned Single Judge whereby and whereunder the said learned Single Judge was pleased to set aside the order of dismissal passed against the writ petitioner-employee and allowed the writ petition upon holding that the said writ petitioner should also be deemed to be continuously in service of the appellant-Corporation until retirement.2. From the records we find that the respondent/writ petitioner joined the appellant-Corporation as Clerk/Typist in February, 1964 and at the time of initiation of the disciplinary proceeding was holding the rank of Deputy Manager (Finance). The Executive Director of the appellant-Corporation issued charge-sheet to the respondent/writ petitioner on September 23, 1999 and upon holding disciplinary proceeding ultimately dismissed the said writ petitioner from the service of the Corporation by the order dated September 13,2001...
Bharat Coking Coal Limited Vs. Champa Rani Sethi and ors.
Court: Kolkata
Decided on: Nov-22-2007
Reported in: 2008(2)CHN701
Pranab Kumar Chattopadhyay, J.1. Both the appeals have been preferred assailing the same judgment and order dated 6th October, 2005 passed by the learned Single Judge while deciding the writ petition filed by the widow of an employee of Bharat Coking Coal Limited. The said appeals were heard analogously for the aforesaid reason and are disposed of by this common judgment,2. From the records we find that the deceased husband of the writ petitioner was a permanent employee of Basantimate Colliery under Bharat Coking Coal Limited. The said deceased husband of the writ petitioner herein was chargesheeted along with one other employee namely, Trinath Sethi on the same day i.e. on 16th July, 1998 on the identical charges and were placed under suspension.In view of issuance of the aforesaid chargesheets, the deceased husband of the writ petitioner along with the other employee namely, Trinath Sethi jointly filed a writ petition before this Court challenging the initiation of the disciplinary ...
State Council for Engineering and Technical Education and ors. Vs. Om ...
Court: Kolkata
Decided on: Nov-22-2007
Reported in: 2008(4)CHN103
Ashim Kumar Banerjee, J.1. The facts of this case depict the callous functioning of a limb of education department of the State, as a result of which the future of a student has been blinked.2. The respondent No. 1 in FMA No. 174 of 2002 was a student of Electrical Engineering in Licentiate Course under the State Council for Engineering & Technical Education. He sat for the examination in 1979. He got good marks in the examination save and except in two papers where he unfortunately failed. In the next semester he again appeared for those two subjects. However, when the marksheet was given, he found that he was shown absent in those two papers. This was in 1980. He made a complaint to the Principal of the college. As per advice of the Principal he made a complaint to the Council. The Council took back his mark-sheet with the verbal assurance that he would be given appropriate corrected marksheet. He gave umpteen reminders, but in vain. Ultimately he gave a notice demanding justice and ...
Union of India (Uoi) Vs. Subrata Biswas
Court: Kolkata
Decided on: Nov-21-2007
Reported in: (2008)2CALLT311(HC)
1. This application is directed against an order of the learned Tribunal dated 6th May, 2005 whereby order of removal of services inflicted against the respondent/employee has been set aside and the learned Tribunal itself has awarded lesser punishment of reduction of rank to the lower grade for a period of five years.2. The fact of the case is that the respondent/employee was charge-sheeted with two sets of Articles of charge, summary of which is that he has misappropriated railway money to the extent of Rs. 288/- for his personal gain. This charge has been admitted in his written defence. At the same time another employee was charge-sheeted on the similar Articles of charges, however, the figure of misappropriated money was Rs. 198/-. The second employee denied the charges. Therefore, full fledged enquiry followed and the enquiry officer had found him guilty and submitted report in this regard and the disciplinary authority after considering the enquiry officer's report inflicted pun...
Anwar HossaIn Alias Anowar HossaIn and ors. Vs. the State of West Beng ...
Court: Kolkata
Decided on: Nov-21-2007
Reported in: (2008)1CALLT382(HC)
Ashim Kumar Roy, J.1. The subject matter of challenge in the instant criminal revision is an order passed by the learned Additional Sessions Judge, 1st, Fast Track Court, Jangipur, Murshidabad, in connection with the Sessions Trial No. 1 of November, 2006, arising out of Sessions Serial No. 36/04 rejecting the petitioners prayer for discharge.2. Mr. Joymalya Bagchi, the learned advocate appearing on behalf of the petitioners submitted before this Court that the impugned trial of the petitioners is wholly illegal and without jurisdiction being hit by the prohibition contained in the provisions of Section 300(1) of the Code of Criminal Procedure and in Article 20(2) of the Constitution. According to Mr. Bagchi, the impugned trial of the petitioners before the learned Additional Sessions Judge, First Fast Track Court, Jangipur, Murshidabad is not legally permissible since over the self-same occurrence and on the same allegation the petitioners were earlier tried by the learned Judicial Ma...
Hindustan Motors Ltd. Vs. Ld. Fifth Industrial Tribunal and ors.
Court: Kolkata
Decided on: Nov-21-2007
Reported in: 2008(1)CHN819,[2008(117)FLR200]
Nadira Patherya, J.1. This is an application for setting aside the orders dated March 11, 2007, April 13, 2007 and August 1, 2007, passed by the Tribunal.2. The case of the petitioner is that an application was filed under Section 33(2)(b) of the Industrial Disputes Act, 1947. An Advocate was engaged for pursuing the said matter. Direction was also given for filing written statement by the workman. Such written statement, though filed, was not served on the petitioner company and for non-appearance of the petitioner company and/or its Advocate engaged, the matter, by order dated March 11, 2007, was fixed for ex parte hearing. On April 13, 2007, as none appeared on behalf of the company, the application was dismissed for non-prosecution. On April 25, 2007, at a meeting with the union, the petitioner came to know of the order of dismissal dated April 13, 2007. Thereafter, enquiry was made from its Advocate and the petitioner was informed that no step had been taken by its Advocate to app...
Association for Protection of Democratic Rights Vs. State of West Beng ...
Court: Kolkata
Decided on: Nov-16-2007
Reported in: 2007(4)CHN842
S.S. Nijjar, C.J.1. On 15th of March, 2007 this Court passed the following order:1(a). In addition to the order passed in this suo motu petition, there shall be a further order in this writ petition in terms of prayer clause '1':1) An interim order restraining the respondent Nos. 2 to 7 preventing the petitioner organizations other NGOs and voluntary aid organization from reaching Nandigram to provide assistance to injured and deceased villagers.1(b). We further direct the District Administration to ensure that the unclaimed dead bodies are handed over to the appropriate authorities and the identified dead bodies are handed over to the lawful claimants after due legal formalities have been concluded, such as post-mortem and inquest report, so that the relatives are able to perform the last rites of the deceased.IN THE HIGH COURT AT CALCUTTASpecial Jurisdiction (Contempt)In the matter of: The Court on its own Motion1(c). All the newspapers throughout the Nation have today carried as a l...
Dr. Jagannath Mondal Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-16-2007
Reported in: (2008)2CALLT37(HC),[2008(118)FLR469]
Jayanta Kumar Biswas, J.1. The petitioner in this writ petition dated January 24th, 2005 is aggrieved by the decision of the Director, Panchayats & Rural Development, West Bengal dated December 22nd, 2004 that he is not entitled to get any benefit as part-time homoeopathic medical officer working in the dispensary set up by Kashinagar Gram Panchayat, South 24 Parganas.2. The Secretary, Department of Health and Family Welfare, Government of West Bengal issued a memo dated March 27th, 1978 introducing the scheme for providing the Anchals, i.e. the Gram Panchayats of the state with homeopathic dispensaries. Guidelines for execution of the scheme were issued by the joint secretary of that department by his memo dated September 17th, 1983. The scheme was to be operated jointly by the health and family welfare department and the department of panchayats and rural development. Prescribing the conditions for appointment of part-time homoeopathic medical officer and compounder, the assistant se...
State of West Bengal and ors. Vs. Md. Sohidullah and ors.
Court: Kolkata
Decided on: Nov-16-2007
Reported in: 2008(2)CHN234
Ashim Kumar Banerjee, J.1. All these three cases involve identical point of law with certain dissimilarities on facts:Md. SahidullahThis writ petitioner was admittedly a post-graduate decree-holder in Zoology. He competed for the post of Assistant Teacher in Zoology in Pass category in the northern region. From the advertisement it appears that there were thirteen male vacancies in honours/post-graduate category whereas in pass category there were thirty-four male vacancies. Although he was post-graduate decree-holder, to have a better chance he competed for the pass category. He accordingly selected. He obtained 475 marks in the examination whereas in the honours/post-graduate category the last ranked candidate got 58.67% marks. From the said fact it is clear that had he applied for the honours/post-graduate category, he could not have been selected.Smt. Nirupama BairagiThis writ petitioner was B.Sc. (Hons.) in Geography. She also competed for the post in pass category and she was sel...
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