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Calcutta High CourtWPA/712/2025disposed

Arun Kumar Chakraborty v. The State Of West Bengal And ORS

2025-04-09Hon'Ble Justice Hiranmay Bhattacharyya3 pages

Sl.48 09.04.2025 Court No.2 BP Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side WPA 712 of 2025 Arun Kumar Chakraborty -versusThe State of West Bengal & Ors.

Mr. Debajit Kundu ..for the petitioner Mr. Pretom Das Mr. Bikash Singha ..for the State Affidavit of service filed in Court today is taken on record.

The grievance of the petitioner is that the respondent authorities have not released the pensionary benefits in favour of the petitioner. Mr. Das, learned advocate appearing for the State submits that the petitioner was placed under suspension on the ground of pendency of a criminal case.

Mr. Kundu, learned advocate appearing for the petitioner submits that the petitioner has been acquitted in the said criminal case and the order passed by the criminal court was submitted before the Chairperson, District Primary School Council, Cooch Behar but such authority has not taken any

decision with regard to the prayer of the petitioner for withdrawing the order of suspension of pensionary benefits. The petitioner submitted a representation before the Chairperson, District Primary School Council by letter dated February 24, 2025.

After hearing the learned advocate appearing for the respective parties, this Court is of the considered view, the interest of justice would be sub-served if the Chairperson, District Primary School Council, Cooch Behar is directed to take a decision on the representation of the petitioner within a specified time limit.

Without entering into the merits of the claim made by the petitioner in the said representation, WPA 712 of 2025 is disposed of by directing the Chairperson, District Primary School Council, Cooch Behar being the 6th respondent to consider the representation of the petitioner and to dispose of the same by passing a reasoned order after giving an opportunity of hearing to the petitioner or his authorized representative and to communicate such decision to the petitioner.

The entire exercise shall be completed as expeditiously as possible but positively within a period of four weeks from the date of receipt of a server copy of this order along with the copy of the

representation dated February 24, 2025. In case the said authority decides in favour of the petitioner consequential steps shall be taken by such authority.

No order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)