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Calcutta High Court (Appellete Side)

Can No. 9112 Of 2 vs In Re: Abdul Hannan Mollah on 15 December, 2010

                                                     1


15.12.10
 km
                       M.A.T No. 1380 of 2010
                                  With
                       CAN No. 9112 of 2010


                               And


           In re: Abdul Hannan Mollah      Appellant/Petitioner


           Mr. Arindam Sen           For Appellant/Petitioner


           Mr. Kallol Bose      For District Primary School Council

           Mrs. Sima Sengupta
           Ms. Tanusree Pal Chowdhury For State Respondents

We have had the benefit of the assistance at the Bar of the learned Counsel for the Appellant, District Primary School Council and the State and alongside the same, we have perused the order under Appeal vis-à-vis the finding of the Chairman of the Primary School Council (Respondent No.4). Since the decision of Respondent No.4 has paved the way for the Appeal, we have independently looked into the same and assessed it bereft of the finding returned by the learned Trial Judge. In our appreciation of the Memo No. 1416 dated 29.10.2008 by the Respondent No.4 even though we cannot look into the final outcome of the same, but in our power of extended judicial review, we have considered the steps and reasons which had persuaded him to arrive at its conclusion in terms of an earlier order passed by a Hon'ble Single Judge of this Court. In our opinion, we do not find any illegality or miscarriage of the process of law. 2 Accordingly, having found no merit in the Appeal, we dispose of the same, treating the same as on day's list.

In view of the disposal of the Appeal, the Application for appropriate order being CAN No. 9112 of 2010 also stands disposed of.

(Amit Talukdar, J) (Dr. M.K. Chaudhuri, J)