Sujit Mukherjee v. State Of West Bengal And ORS.

15.03.2023.

Court No.13 Item No. 5 ap W.P.A. No. 24119 of 2022 Sujit Mukherjee

Versus

The State of West Bengal & Ors.

Mr. Habibur Rahaman, Mr. Archishman Singh.

...For the petitioner.

Mr. Amal Kumar Sen, Mr. Jaladhi Das.

...For the State.

Mr. Uday Sankar Chatterjee, Mr. Suman Sankar Chatterjee, Mr. Santanu Maji, Ms. Trisha Rakshit, Ms. Rajarshee Tah, Ms. Snigdha Saha.

...For the respondent no.10.

The Director General & Inspector General of Police, West Bengal has filed a report dated 14th March, 2023 in Court today be taken on record. He has annexed a detailed enquiry report in the matter, conducted by his office.

It appears therefrom that his office has proposed a Departmental Proceeding against the Sub-Inspector of Police, Abhijit Basu Mallick in connection with Berhampore Police Station Case No. 173 of 2012 dated 5th February, 2012 under Section 385 of the Indian Penal Code and also against Sub-Inspector of Police, Nilanjan Roy now posted as DDI, BKP, CID, West Bengal in connection with Berhampore Police Station Case No. 595 of 2013 dated 9th May, 2013 under Section 376 of the Indian Penal Code.

It is expected that Major Penalty Proceedings are instituted against the aforesaid two police officials. The Departmental Enquiry shall be conducted strictly as per the Rules and due opportunity of hearing shall be afforded to the aforesaid two police officials to defend themselves in the enquiry. It is also expected that the enquiry would be completed within a period of three months from date. The petitioner shall be entitled to apply for appropriate compensation for being implicated in the criminal cases, if otherwise entitled to.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)