Basudeb Pal v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 50 20.11.2024 Sc Ct. no.2 WPA 27108 OF 2024 -------------- Sri Basudeb Pal Vs.

The State of West Bengal & Ors.

Mr. Susanta Kumar Rakshit .... For the Petitioner Mr. Chandi Charan De, AGP Mr. Anirban Sarkar.

.... For the Respondents State Affidavit-of-service, filed in Court today, is taken on record.

Mr. Susanta Kumar Rakshit, learned advocate appears for the petitioner.

Mr.

Chandi Charan De, learned Additional Government Pleader appears for the Respondents State. In view of the above, upon issuing a prior notice of at least seven days to the petitioner and after granting him an opportunity of hearing, the respondent no.4 shall decide the said representation of the petitioner dated April 4, 2024 at page 18 to the writ petition by passing a reasoned order.

The entire exercise shall be carried out and completed by the respondent no.4 positively within a period of six weeks from the date of communication of this order and the reasoned order shall be communicated

to the petitioner within a further period of two weeks from the date of the said reasoned order to be passed. It is made clear that this Court has not gone into the merits of the claim of the petitioner and the petitioner shall be at liberty to urge whatever points he wishes to urge by relying upon whatever records and documents he wishes to rely upon before the respondent no.4.

In the event, the reasoned order goes in favour of the petitioner, the appropriate State authority shall give an immediate effect to the said reasoned order in accordance with law but positively within four weeks from the date of the said reasoned order to be passed. It is made clear that, this order shall not create any right or equity in favour of the petitioner if the petitioner does not succeed to his claim in terms of the said representation dated April 4, 2024 before the respondent no.4 strictly in accordance with law. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 27108 of 2024 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)