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Calcutta High CourtWPA/7037/2024disposed

Subodh Dutta Chowdhury And ANR v. State Of West Bengal And ORS.

2024-04-10Hon'Ble Justice Kausik Chanda2 pages

CAN 2 of 2024 in WPA 7037 of 2024 Subodh Dutta Chowdhury & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Kishore Mukherjee, Mr. Ahitagni Dey, Ms. Suman Biswas ...for the Applicant Mr. Soumya Majumder, Mr. Pratik Majumder, Mr. Kinnor Ghosh ...for the University 20-09-2024 AKG Ct. 15 This is an application for the variation and/or vacation of the order dated June 27, 2024, passed in CAN 1/2024 in connection with WPA No.

737/2024.

By the order dated June 27, 2024, this Court extended the timeframe for concluding the disciplinary proceedings to three months from the date of the order.

Mr. Kishore Mukherjee, learned advocate for the applicant, contends that while the university provided the reason for the non-appointment of an enquiry officer prior to May 28, 2024-namely, that no meeting of the executive council had been held, at least two meetings were conducted on April 18, 2024, and May 3, 2024.

The learned advocate for the university submits that it was the intention of the university of convey that the university had decided to discontinue with

the initially appointed enquiry officer on May 3, 2024, and was unable to appoint another enquiry officer before May 28, 2024.

I am not inclined to engage in this controversy. It appears that after the order dated June 27, 2024, was issued, the university appointed an enquiry officer, who subsequently submitted a report on August 28, 2024.

The university has submitted that it will conclude the proceedings promptly upon receiving the response from the petitioner.

At this juncture, no modification of the order dated June 27, 2024 is called for.

Accordingly, CAN 2 of 2024 is disposed of.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)