Kutub Seikh v. Principal Secretary, Home Department And ORS
11.09.2025 Sl. 218, 219, 220, 223 to 229 & 230 Suman Ct.No.15 WPA 3963 of 2025 Rana Dey With WPA 3964 of 2025 Rana Ghosh With WPA 4124 of 2025 Ismail Shaikh With WPA 4415 of 2025 Sujit Kumar Ghosh With WPA 4421 of 2025 Debashis Dhara
With WPA 4425 of 2025 Animesh Dey With WPA 4430 of 2025 Mithun Chakraborty With WPA 4432 of 2025 Kutub Seikh With WPA 4435 of 2025 Debasis Das With WPA 4438 of 2025 Subrata Malik With WPA 6807 of 2025 Rintu Ghosh
Mr. Kamalesh Bhattacharya Mr. Sujit Kumar Ghosh Ms. P. Roy ...for the petitioner in WPA 3963 of 2025, WPA 3964 of 2025, WPA 4415 of 2025, WPA 4421 of 2025, WPA 4432 of 2025 & WPA 4435 of 2025 Mr. Kamalesh Bhattacharya Mr. Sujit Kumar Ghosh Mr. Suman Chakraborty ...for the petitioner in WPA 4425 of 2025, WPA 4430 of 2025 & WPA 4438 of 2025 Mr. Anindya Bose Mr. D. Basu Mr. Mridul Biswas ..for the petitioner in WPA 6807 of 2025 Mr. Subhasis Bandopadhyay Mr. Alok Banerjee ..for the State in WPA 3964 of 2025 Mr. Ayan Banerjee Ms. Priyanka Jana ..for the State in WPA 4415 of 2025 Mr. Arup Kumar Mondal Mr. Priyabrata Ghosh ...for the State in WPA 4421 of 2025 Ms. Rajlakshmi Ghatak ..for the State in WPA 4425 of 2025 Mr. Dipanjan Datta Ms. Sukanya Datta ..for the State in WPA 4430 of 2025 Mr. P. K. Bhattacharya ..for the State in WPA 4432 of 2025 Mr. Bimalendu Das Mr. Raj Sekhar Basu ..for the State in WPA 4438 of 2025 Mr. Nirmalya Biswas Mr. Rakesh Singh
..for the State in WPA 4435 of 2025 In view of the common facts involved, all these writ petitions are taken up for hearing and disposed of by this common order.
The petitioners in all these cases were appointed as "Civic Volunteers." Their services were, however, demobilised by the concerned Superintendent of Police through orders communicated by the respective Officers-in-Charge of the police stations.
Mr. Kamalesh Bhattacharya, learned senior advocate representing the petitioners, submits that prior to demobilisation, the authority ought to have adhered to the principles of disciplinary proceedings. It is submitted that the services of the petitioners were terminated without issuing any show cause notice or providing them with an opportunity to be heard. Learned counsel appearing for the State, on the other hand, submits that there is a guideline approved by the Additional Chief Secretary, Home and Hill Affairs Department of the State dated June 23, 2017, which provides for an Appellate Authority, namely the Apex Committee as mentioned in Clause (b)(iv) of the said guidelines.
In view of the foregoing, I find no justification to keep these writ petitions pending.
Liberty is granted to the petitioners to prefer an appeal before the said Apex Committee within a period
of two weeks from the date of this order. If such appeal is filed, the Apex Committee shall consider the same within three months from the date of filing, after affording due opportunity of hearing to the petitioners. It is made clear that the petitioners shall be at liberty to raise all grounds before the Appellate Authority, including the alleged violation of the principles of natural justice in issuing the demobilisation orders.
A reasoned order shall be communicated to the petitioners immediately thereafter.
Accordingly, WPA 3963 of 2025, WPA 3964 of 2025, WPA 4124 of 2025, WPA 4415 of 2025, WPA 4421 of 2025, WPA 4425 of 2025, WPA 4430 of 2025, WPA 4432 of 2025, WPA 4435 of 2025, WPA 4438 of 2025 and WPA 6807 of 2025 are hereby disposed of.
Urgent certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.
(Kausik Chanda, J.)