Sri Amal Biswas Vs The State of West Bengal & Ors.
Bench: Single Bench
Judgement Snapshot
Case Number
18501 (W) of 2016
Hon'ble Bench
Debasish Kar Gupta
Advocates
Anil Kumar Chatterjee, Alok Kumar Ghosh
Judgement Text
Translate:
1. On the prayer made on behalf of the petitioner, leave is granted to the learned Advocate appearing on behalf of the petitioner to add the Kolkata Municipal Corporation as party respondent to this proceeding.
2. Mr. Alok Kumar Ghosh, learned Advocate, who used to appear on behalf of the Kolkata Municipal Corporation in similar matter, is directed to enter appearance on behalf of the newly added respondent in this writ petition.
3. Let it further be recorded that a copy of this writ petition shall serve upon Mr. Ghosh in court today.
4. The subject matter of challenge in this writ petition is an order dated June 26, 2014 passed by the Authority of the respondent Municipal Corporation rejecting the application of the petitioner for his appointment on compassionate ground consequent upon the death of his father, namely, Abinash Chandra Biswas (since deceased) in harness.
5. Having heard the learned Advocate appearing on behalf of the respective parties as also after considering the order impugned to this writ petition, I find that the application of the petitioner was rejected on the ground that the School Leaving Certificate, which has been produced by the petitioner, was a false one. The School Leaving Certificate in original is produced before this Court today to submit that the aforesaid finding of the Authority was based on no evidence.
6. In view of the above, the impugned order stands quashed and set aside with a direction upon the respondent authority to pass an order in respect of the above application of the petitioner for his appointment on compassionate ground afresh after giving him an opportunity of hearing as also considering the authenticity of the School Leaving Certificate of the petitioner dated January 30, 2014 within a period of three months from the date of communication of this order.
7. I make it clear that I have not expressed any opinion with regard to the merits of the claim of the petitioner and all points are kept open.
8. Accordingly, this writ petition stands disposed of.
9. There will be, however, no order as to costs.
10. Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities.
