Susheel Dixit v. The Director (Rural Development/Panchayat) And Others

03.02.2022 Court No. 19 Item no.03 CP CALCUTTA HIGH COURT CIRCUIT BENCH AT PORT BLAIR WPA No. 13 of 2022 Shri Susheel Dixit & anr.

vs.

The Director (Rural Development/Panchayat) & ors. (via video conference) Mr. Gopala Binnu Kumar .....for the petitioners.

Ms. Anjili Nag ....for the respondent nos. 2 and 3.

The petitioners are aggrieved by the inquiry report filed by the respondent no. 1 dated April 15, 2021 before the learned Judicial Magistrate, First Class, 1st Court, Port Blair, in connection with CR Case No. 95 of 2020.

It is the specific contention of the petitioners that the said report should be set aside on the ground that the petitioners were not heard. It is further contended that the submissions contained in paragraph 10 of the said report are incorrect and the petitioners were not granted any notice when such inquiry had taken place.

Records reveal that the said inquiry had taken place as per the directions of a criminal court with regard to certain allegations made by one of the respondents. The learned Judicial Magistrate, First Class directed the respondent no. 1 to make an inquiry in the matter and file a report. On the basis of the said report, the criminal court has taken cognizance.

Under such circumstances, this court cannot interfere either with the inquiry report filed in connection with the criminal case or with the directions of a competent court of law taking cognizance on the basis of the said report. The remedy of the petitioners would be before the appropriate court and the petitioners shall be at liberty to take such steps as may be permitted under the law with regard to the proceedings before the learned Judicial Magistrate, First Class.

The writ petition is dismissed as not maintainable. There shall be no order as to costs. Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)