Calcutta High CourtWPA/3967/2020disposed

Prosenjit Biswas @ Prasanjit Biswas v. State Of West Bengal & ORS

2020-10-15Hon'Ble Justice Moushumi Bhattacharya2 pages

15th October, 2020 W.P.A. 3967 of 2020 AK (Via Video Conference) Prosenjit Biswas @ Prasanjit Biswas -vs- State of West Bengal & Ors.

Md. Sarwar Jahan ... for the petitioner.

Mr. Arjun Ray Mukherjee ... for the Respondent.

The petitioner was enrolled as a Civic Police Volunteer by the appropriate authority. However, due to a complaint lodged by the petitioner's mother-in-law, criminal proceedings were initiated against the petitioner which resulted in the petitioner being demobilized from duty with effect from 24th October, 2019.

Learned appearing for the petitioner places an order of the Additional Chief Judicial Magistrate, Tehatta, Nadia dated 28th November, 2019 by which the petitioner was acquitted and was discharged from his bail-bond. The order records that no further allegations remain against the petitioner. Counsel submits that pursuant to such order of acquittal, the petitioner wrote to the appropriate officer to consider revocation of the order of demobilization. A representation in this regard was sent by the petitioner to the Superintendent of Police, Nadia, Krishnanagar on 28th November, 2019. The immediate prayer is for a direction on the concerned officer to consider the said representation.

Learned counsel appearing for the respondents submits that the respondent no.5 may be directed to consider the representation of the petitioner.

On hearing counsel for the parties, this court is of the view that W.P.A. 3697 of 2019 may be disposed of in terms of prayer (b) by directing the respondent no.5 being the Superintendent of Police, Nadia, to consider the representation of the petitioner dated 28th November, 2019 and pass a reasoned order thereon within a period of six weeks from date. The reasoned order should be passed upon hearing of the parties and the copy of the same communicated to the petitioner within a week from date on which such reasoned order is passed.

The writ petition is disposed of in terms of the above.

(Moushumi Bhattacharya, J.)