Simanta Murmu v. The State Of West Bengal And ORS.

29.04.2025

IN THE HIGH COURT AT CALCUTTA

Ct. No. 2 Constitutional Writ Jurisdiction D/L Sl. No. 33 Appellate Side Moumita WPA 4439 of 2025 Simanta Murmu Vs The State of West Bengal and Ors.

Mr. Arunava Ganguly ...... for the Petitioner Mr. Malay Singh Ms. Neelam Singh ...... for the State Affidavit-of-service is already on record.

Mr. Arunava Ganguly, learned advocate appears for the petitioner.

Mr. Malay Singh, learned advocate with Ms.

Neelam Singh, learned advocate appears for the state. The petitioner was working as Civic Volunteer. Subsequently arising out of criminal charges the petitioner was temporarily demobilized from his temporary employment. Subsequently in the criminal trial the petitioner has been acquitted by the jurisdictional Criminal Court by an order dated December 19, 2023 annexure p-1 at page 11 to the writ petition passed. The petitioner submits that it has submitted its representation dated July 22, 2024 at page 21 before the jurisdictional Superintendent of Police, Hooghly and the same has not been considered. Mr. Malay Singh, learned state advocate appearing for the state refers to a report already on record dated March 3, 2025 issued under the seal and signature of

the officer-in-charge Pandua Police Station. The report shows that no representation was received by the Office of the Superintendent of Police, Hooghly.

In view of the above, the petitioner shall serve a copy of the complete set of writ petition with annexures along with a copy of today's order upon respondent no. 2 forthwith.

After receiving the same, the respondent no. 2 shall take a reasoned decision on the issue in consultation with the respondent no. 3. In the event any further record is required to be produced by the petitioner, the same shall be intimated to the petitioner and the petitioner shall produce the same before the respondent no. 2.

The entire exercise shall be carried out and completed including communicating the reasoned order positively within a period of six weeks from the date of the communication of this order.

It is made clear that, this court has not gone into the merits of the claim of the petitioner and this writ petition.

It is also made clear that, this order shall not create any right or equity in favour of the petitioner, if the petitioner does not succeed to his claim before the respondent no.2, strictly in accordance with law.

In the event, the reasoned order goes in favour of the petitioner, all consequential steps shall be taken by the appropriate authorities in accordance with law forthwith.

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

With the above observations and directions, this writ petition, WPA 4439 of 2025 stands disposed of, without any order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties expeditiously, on compliance of usual legal formalities.

(Aniruddha Roy, J.)