Tahamina Mallick v. State Of West Bengal And ORS.

14.07.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 15140 of 2022 Tahamina Mallick -versus The State of West Bengal & Ors.

Mr. Jayanta Samanta, Mr. Amit Singh, Ms. Jyoti Aragwal.

...For the Petitioner.

Mr. Lalit Mohan Mahata, Mr. Prasanta Behari Mahata.

...For the State.

Mr. Mritunjoy Chatterjee, Mr. Amirul Islam, Mr. Sourav Mukherjee.

...For the Private Respondents.

Learned advocate for the private respondents submits that he has filed Vakalatnama in the department vide filing No. A-12884. The department is directed to tag the same with the records.

The matter relates to the removal of Pradhan. The petitioner is aggrieved by the notice issued by the Prescribed Authority and Block Development Officer for removal of the Pradhan under Rule 5B(2) of the West Bengal Panchayat (Constitution) Rules, 1975. It has been submitted that clear seven days' time period has not been given to the petitioner.

It appears from record that the notice was signed on 5th July, 2022 and the date of the meeting has been fixed on 15th July, 2022.

The petitioner submits that she received the notice on 8th July, 2022 and as such she did not get seven days' clear notice.

There is nothing on record to show that the petitioner did not receive the said notice on time and that she did not get clear seven days prior to the date of the meeting, as required in law.

The Prescribed Authority signed the notice on 5th July, 2022 fixing the date of the meeting on 15th July, 2022.

In view of the above, there is no reason to interfere in the matter.

The writ petition fails and is hereby dismissed. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)