Calcutta High Court (Appellete Side)
Monju Pramanik & Ors vs The State Of West Bengal & Ors on 21 February, 2012
Author: Biswanath Somadder
Bench: Biswanath Somadder
1
21st February,
2012.
(SKB)
W.P. No. 13515(W) Of 2011
Monju Pramanik & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Goutam Kumar Thakur,
....for the petitioners.
Mr. Sadhan Kumar Halder,
.....for the State.
Although not in the form of an affidavit, learned advocate appearing on
behalf of the State respondents has handed up a report prepared by the
Additional District Magistrate, Cooch Behar, as contained in memo dated 27th January, 2012, which may be kept on record.
Having heard the learned advocates for the parties and perusing the instant writ petition, it appears that the writ petitioners have been initially selected for appointment as 'Anganwadi Workers' and 'Anganwadi Helpers' in the district of Cooch Behar in terms of memo dated 25th February, 2011. However, by an order dated 23rd May, 2011, issued by the State Government, all appointments to the post of 'Anganwadi Workers' and 'Anganwadi Helpers' throughout the State of West Bengal were stopped until further orders. Subsequently, the Joint Secretary to the Government of West Bengal, by a communication dated 7th July, 2011, addressed to the District Magistrate, Cooch Behar, requested him to make an enquiry into the cases where selection process had been completed but appointments were yet to be given. Such communication appears to have been made pursuant to an interim order passed by this Court in another matter whereafter the Government found an urgent need of completing the enquiry into certain allegations as contained in the communication dated 7th July, 2011. A time frame was fixed and the enquiry 2 report together with comments of the District Magistrate were asked to be furnished by 22nd September, 2011.
It now appears that the District Magistrate, Cooch Behar, vide his memo dated 11th August, 2011, has already communicated to the Joint Secretary to the Government of West Bengal, Department of Women & Child Development and Social Welfare, the enquiry which has conducted in terms of the aforesaid communication dated 7th July, 2011.
The salient feature of the enquiry is that there was no report regarding such malpractices like taking of any bribe from candidates for appointment. It also appears that the 100-point roster has been followed while giving appointment to the post of 'Anganwadi Workers' and 'Anganwadi Helpers' under the ICDS in case of recruitment already made by the Project Level Selection Committee. There is no specific allegation against the writ petitioners in the enquiry report. As such, it cannot be held that there was any irregularity in the process of selection of the writ petitioners. As a natural corollary, it can be safely held that there is no embargo and/or fetter on the part of the respondent authorities to issue appointment letters in favour of the writ petitioners.
In such circumstances as stated above, this Court directs the Principal Secretary to the Government of West Bengal, Department of Women & Child Development and Social Welfare, to take a decision in the matter on the basis of the enquiry conducted and in the light of the observations made hereinabove.
It is expected that the Principal Secretary shall render his/her decision in terms of this order as expeditiously as possible, preferably within a period of six weeks, but not later than eight weeks from date of communication of a photostat certified copy of this order.
The writ petition stands disposed of accordingly.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.) 3