Calcutta High Court (Appellete Side)
Subodh Kumar Murmu vs The State Of West Bengal & Ors on 5 June, 2013
Author: Aniruddha Bose
Bench: Aniruddha Bose
1 22 W.P. No. 15641(W) of 2013 05.06.2013
KC Subodh Kumar Murmu Vs. The State of West Bengal & Ors.
Mr. Biswaroop Bhattacharya, Mr. Vivekananda Bauri, Mr. A. Bose.
...for the petitioner.
Mr. Somnath Naskar.
...for the State.
No one appears for the college authorities in spite of service. Affidavit of service affirmed by one Purna Chandra Das on 4th June, 2013 has been filed showing service on the college authorities.
Mr. Bhattacharya, learned counsel appearing for the petitioner also has drawn my attention to subsequent service effected upon the college authorities under cover of a letter dated 28th May, 2013. Let fresh affidavit of service be filed to bring on record evidence of such service.
Complaint of the petitioner is that he is not being permitted to join his duties as a 'Laboratory Attendant' in Kashipur Micheael Madhusudan Mahavidyalaya without any proceeding being drawn against him. It appears that there are certain allegations against him relating to offence under Sections 376/417 of the Indian Penal Code, 1860. He has been granted anticipatory bail on 23rd April, 2013 and has been subsequently granted regular bail on 10th May, 2013. But there is no material to show the petitioner is being prevented from joining his duties for this reason. Further submission of Mr. Bhattacharya in relation to the allegations against him is that at no point of time the petitioner was 2 taken into custody and the alleged offence in which he has been implicated has nothing to do so his service in the college.
In the given facts, I do not think in the absence of any proper proceeding being drawn up against the petitioner, he cannot be prevented from discharging his normal duties. No one has appeared on behalf of the college authorities to rebut the stand of the petitioner at the time of hearing in spite of service.
Learned counsel appearing for the State also does not have any instruction in this matter.
I accordingly pass an interim order directing the college authorities to permit the petitioner to join his duties, subject to further direction of this Court.
The matter shall be listed under the same heading on 11th June, 2013.
(Aniruddha Bose, J.)