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Calcutta High CourtWPA/11404/2022disposed

Sabina Hasda And ORS v. The State Of West Bengal And ORS.

2022-06-23Hon'Ble Justice Amrita Sinha3 pages

Item No. 15 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 23.06.2022 Ct-24 WPA 11404 of 2022 Sabina Hasda & Ors.

v.

The State of West Bengal & Ors.

Mr. Sarwar Jahan Mr. Amit Bikram Mahata ... for the petitioners.

Mr. Suman Sengupta Ms. Munmun Tewary ... for the State respondents.

Mr. Chittaranjan Chakraborty ... for the respondent no. 12 In response to a notice given by the requisitionist members, the Prescribed Authority & Block Development Officer by a notice dated June 3, 2022 fixed June 17, 2022 as the date for the notice of meeting on motion for removal of the Pradhan.

By a communication dated June 16, 2022 the Prescribed Authority postponed the meeting of motion for removal on the ground of non-availability of adequate police personnel.

The Prescribed Authority mentions that the meeting has been postponed till there is assurance of getting adequate police personnel.

According to the provisions of law a specific time period is mentioned within which the entire proceeding for removal is to be concluded.

The initial notice was served by the requisitionist members on the May 30, 2022. The proceeding ought to conclude within June 29, 2022.

The Prescribed Authority has postponed the meeting scheduled on June 17, 2022. There is still some time left for conclusion of the said proceeding within the prescribed time period. The proceeding ought not to be frustrated by not adhering to the prescribed time line allegedly on the ground of non availability of police personnel.

Accordingly, the Prescribed Authority is directed to conclude the meeting which stood postponed, within June 29, 2022.

If the Prescribed Authority is unable to arrange for enough police personnel on the date of the rescheduled meeting, then the Prescribed Authority shall seek police help from the Superintendent of Police, Malda for providing necessary police assistance at the time of the meeting.

The Superintendent of Police will act on a request from the Prescribed Authority and provide the necessary police personnel required at the time of holding the meeting for removal.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh (Amrita Sinha, J.)