Samim Biswas v. The State Of West Bengal

19.11.2020 ap W. P. A. 7047of 2020 I A No. CAN 1 of 2020 (Via Video Conference) Samim Biswas Vs.

The State of West Bengal & Ors.

Mr. Imtiaz Ahmed Ms. Gazala Firdaus Ms. Shila Afrin Mr. Sk. Saidullah Ms. Smita Saha ... For petitioner.

Mr. Samrat Sen, AAAG, Ms. Sutapa Sanyal Ms. Sunita Saha ... For State.

This petition was moved on 25th September, 2020, when directions for affidavits were taken. Affidavits are filed.

Mr. Ahmed, learned advocate appears on behalf of petitioner and submits, though his client is not challenging the rule but fact of the matter is that his client has invested money to have the work done under the contract awarded to him. It is after execution of the work, the cancellation on invoking the rule. It is true that his client is son of the Pradhan but resides separately and has executed the work as was been required by the contract.

Mr. Sen, learned senior advocate, Additional Assistance Advocate General, appears on behalf of State.

He submits, State has with intent framed this rule with weed out nepotism. The work contemplated is work that would take thirty days. The cancellation was within seven days. There cannot be any reason for Court to interfere with the administrative action of State. Since there is no challenge to the rule, the matter becomes a dispute between the contractor and his employer. As such, the writ petition is not maintainable. It is dismissed with liberty to petitioner to approach appropriate forum to find redress, if available in law. The writ petition and connected application are disposed of.

(Arindam Sinha, J.)