Calcutta High CourtWPA/21647/2022disposed

Sk Safibul Rahaman v. State Of West Bengal And ORS.

2022-11-07Hon'Ble Justice Shampa Sarkar2 pages

07.11.2022 Court No. 19 Item no.18 CP WPA No. 21647 of 2022 Sk. Safibul Rahaman Vs.

The State of West Bengal & Ors.

Mr. Gautam Banerjee Mr. Amitava Karmakar Ms. Priya Dey ... for the petitioner.

Mr. Ansar Mandal Ms. Srilekha Bhattacharya ...for the State.

The petitioner alleges that he was terminated illegally on the basis of the show cause notices which were issued. Certain allegations were made when the petitioner was performing his duties as V.R.P. and also was engaged in the process of implementing the Pradhan Mantri Awas Yojona. The petitioner submits that such termination was done without giving an opportunity of hearing to the petitioner.

It appears that the orders of termination are not on record and as such, the correctness of the allegations cannot be decided. The petitioner submits that the orders/letters of termination were never supplied to the petitioner.

Mr. Mandal, learned Additional Government Pleader, denies such allegations.

Under such circumstances, unless the orders/letters of termination are on record, the writ court cannot decide the correctness of the same.

The writ petition is disposed of with a direction upon the Executive Officer, Tamluk Panchayat Samiti to supply the copy of the termination orders/letters, issued by the Supervisor thereby terminating the petitioner from his engagement as V.R.P. and also from his service under the Pradhan Mantri Awas Yojona. Such termination orders/letters shall be supplied to the petitioner within a period of two weeks from the date of communication of this order.

The petitioner shall have the liberty to take appropriate steps upon receipt of the said orders/letters, in accordance with law. However, this liberty shall not be construed as an observation of the court on the merits of the said order/letters. The writ petition is disposed of with the above observations.

However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)