Sekhar Kumar Das v. State Of West Bengal & ORS

16.12.2021 SL No. 9 Court No. 24 (P.M) WPA 4432 of 2017 Sekhar Kumar Das Vs The State of West Bengal & Ors.

(Via Video Conference) Mr. Dyutiman Banerjee ... for the petitioner Mr. Maly Kumar Singh, Mr. Rakesh Singh ... for the State The petitioner has retired from service on attaining his normal age of superannuation on 31st January, 2010. When he was in service he was put under suspension as he was involved in connection with English Bazar P.S. Case No. 248 of 2007 under Sections 3/4/5/6/7 of Immoral Traffic (Prevention) Act, 1956.

The District Inspector of Schools, Primary Education, Malda by a communicating Memo No. 485 dated 9th June, 2016 requested the petitioner to submit his claim within seven days.

According to the petitioner he submitted his claim on 20th June, 2016 but till date the respondent authorities have not replied to the claim that has been raised by him.

As it appears that the claim forwarded by the petitioner in response to the request of the District Inspector of Schools is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending. The writ petition is accordingly disposed of by directing the District Inspector of Schools, Primary Education, Malda to consider and dispose of the claim forwarded by the petitioner strictly in accordance with law, at the earliest, but positively within a period of eight weeks from the date of communication of a copy of this order.

The said respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

It is made clear that this Court has not entered into the merits of the claim that has been forwarded by the petitioner and all points are left open to be decided by the said respondent at the time of consideration of the representation filed by the petitioner.

The petitioner is directed to forward a copy of the Memo No. 485 dated 9th June, 2016 issued by the District Inspector of Schools, Primary Education, Malda, the claim forwarded by the petitioner dated 20th June, 2016 and all other supporting documents

to the aforesaid respondent at the time of communicating the order of the court.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

(Amrita Sinha, J.)