Tuhin Sankar Bhattacharjee v. The State Of West Bengal And ORS.

D/L 17 02.07.2025 ct.no.35 Kausik W.P.A. 8271 of 2025 Tuhin Sankar Bhattacharjee

Versus

The State of West Bengal & Ors.

Mr. Dipanjan Dutt Mr. Souma Subhra Roy Mr. Arijit Roy Ms. Neelam Kumari ...for the petitioner.

Ms. Sonal Sinha Ms. Munmun Ganguly ...for the State.

State has submitted a report. Report has been prepared by the Inspector-in-Charge, Barasat Police Station which categorically states as follows :- "During enquiry of said petition, it is revealed that at present the respondent no. 6 is working as Anganwadi Worker under C.D.P.O., Barasat (Urban), North Pgs since 01.10.2007. On 21.04.25 a requisition was sent to C.D.P.O., Barasat (Urban) for the purpose of enquiry in c/w Barasat PS Part IV No. 704/25 dated 14.04.25.

On 02.05.25 concerned authority pleased to inform in writing vide memo no. 126/BST(U)/ICDS dated 29.04.25 that the information and documents provided by alleged Shaon Sarkar were in full compliance

with the requirements outlined in the notification vide Memo No.

25/1(16)/ICDS/BST(U) dated 19.10.2006."

In view of the Inspector-in-Charge, Barasat Police Station having conducted the enquiry, hardly there is any scope for this Court to interfere. Mr.

Dutta, learned advocate further submits that there are overwhelming materials in his possession to show that the representation which was made by the private respondent is in gross violation of the preliminary requirements for the service which she is rendering and she is not entitled to get the assignment. In case, there are overwhelming materials in the custody of the petitioner and there are evidences to prima facie show that the job which the private respondent is rendering was obtained by deceitful means, in that case, petitioner would approach the appropriate writ court having determination or in the alternative the petitioner can invoke the jurisdiction of the learned Magistrate under the relevant provisions of the BNSS.

The concerned courts will independently decide the issues without being influenced by any observations made by this Court while disposing of the present writ petition.

With the aforesaid observations WPA 8271 of 2025 is disposed of.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)