Shri.Sabir Ahmed v. The Lt.Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/70/2024 Shri Sabir Ahmed Vs.

The Lieutenant Governor and Others Ms. Anjili Nag, Sr. Adv.

Ms. Anoushka Singh ... for the petitioner Mr. Shatadru Chakraborty, Sr. Adv.

Mr. Rakesh Kumar Mr. Dibesh Dwivedi ... for the respondents March 13, 2025 [SR] Item No.7 1.

The appeal is arising out of an order passed by the learned Single Judge in a writ petition filed by the appellant for reinstatement upon his acquittal in a POCSO Case. 2.

Ms. Anjili Nag, learned senior counsel appearing for the petitioner submits that in view of the communication of the Administrative Officer dated 12th June, 2020 by which the said officer in considering the application of the appellant dated 7th December, 2019, directed him to furnish an undertaking for non-claiming of consequential financial benefits of his past services and an undertaking having been furnished, the authorities concerned could not have denied his reinstatement on such undertaking.

3.

Earlier to the present proceeding, a writ petition was filed being WPA/740/2022 in which, on 14.12.2024, an order was passed directing the Administrative Officer of the Port Blair Municipal Council to consider the representation of the petitioner, in accordance with law.

4.

The learned Single Judge recorded that consequent upon his acquittal in a criminal proceeding the representation for reengagement was made on 27.10.2021 and 22.02.2022. The Administrative Officer of the Municipal Council rejected the said application on the following grounds:- "a. Shri. Sabir Ahmed was absented duty from 30.06.2018 for more than one year; and approached for duty on 07/12/2019.

b. Shri. Sabir Ahmed was initially appointed as Unskilled Daily Rated Mazdoor and thereafter bought on Casual Mazdoors vide Office Order No. 1184 dated 26/02/2015. c. The Casual Mazdoor are at par with the Rule provisions of Daily rated Mazdoor.

d. The Daily Rated Madoor are engaged on Daily work phase in the methodology of No. work, No Pay. e. There is no any specific rule provision available under Municipal Council in respect of re-instate of Casual Mazdoor/DRM after one year absent.

f. As per the Recruitment Rule there are 1148 Nos. Sanctioned Post (450 WCM & 698 Sanitary Mazdoor) and presently the Municipal Council has 1180 Nos. of Casual Mazdoor as such there is no any vacant slot." 5.

Although the ground no.1 may not be convincing as he was in custody and the trial was continuing and on merit the other grounds cannot be decided in this proceeding as it involves disputed questions of fact which can only be conveniently decided before by the Industrial Tribunal, if dispute is raised, accordingly, the observation of the learned Single Judge that in view of the disputed questions of fact which would arise in the process of adjudication of the claim of the petitioner, it would be proper for the petitioner to seek for remedies before the authority under the Industrial Disputes Act, 1947.

6.

On such consideration, we are not inclined to interfere with the order. However, we make it clear that in the event, a

dispute is raised before the Tribunal, the Industrial Tribunal shall decide in accordance with law without being influenced by any observations made in this order and shall dispose of the said reference at the earliest.

7.

The appeal is disposed of. However, there shall be no order as to costs.

( Soumen Sen, J. ) (Raja Basu Chowdhury, J. )