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Calcutta High CourtWPO/155/2025disposed

Debarati Chakraborty v. The Presiding Officer And ORS

2025-07-14Hon'Ble Justice Amrita Sinha2 pages

OD-3 ORDER SHEET WPO No.155 of 2025

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE DEBARATI CHAKRABORTY -Versus- THE PRESIDING OFFICER & ORS.

BEFORE

The Hon'ble Justice AMRITA SINHA Date: 14th July, 2025.

Appearance:

Mr. Saurabh Guhathakurata, Adv.

Mr. Abhratanu Sarkar, Adv.

..for the Petitioner.

Ms. Chama Mookherji, Sr. Adv.

Mr. Prithish Chanda, Adv.

Ms. Reshmi Nehar, Adv.

...for Respondent nos.1 to 5.

Mr. Jishnu Chowdhury, Sr. Adv.

Ms. Shruti Swaika, Adv.

...for Respondent no.6.

1.

Learned Advocate for the petitioner submits that two of her witnesses have not been examined by the ICC. The petitioner prays for a direction upon the ICC to obtain evidence of the two witnesses, list of which has already been forwarded to the ICC.

2.

Learned senior counsel representing the employer submits, upon instruction that, out of the seven witnesses five have been examined, but two of them have not.

3.

The ICC constituted by the employer is directed to permit the petitioner/complainant to examine all her witnesses.

After examination of the witnesses, subsequent steps to dispose of the complaint filed by the petitioner shall be taken by the ICC in accordance with law.

4.

Learned senior advocate representing the ICC submits, upon instruction that, one of the witnesses of the petitioner do not stay in Kolkata.

5.

The ICC shall permit virtual attendance for the purpose of obtaining the evidence from the witness proposed by the petitioner. In the event the witnesses do not appear, then necessary order will be passed by the ICC. The ICC shall endeavour to conclude the proceeding after recording evidence of the witnesses and hearing the parties in accordance with law at the earliest.

6.

Earlier report of the ICC, which was filed in Court, is set aside. 7.

The writ petition stands disposed of.

8.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm