Calcutta High Court (Appellete Side)
Sukhendu Das & Ors vs The State Of West Bengal & Ors on 12 December, 2014
Author: Harish Tandon
Bench: Harish Tandon
12.12.2014.
ap
W. P. 32129 (W) of 2014
Sukhendu Das & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Gazi Faruque Hossain
Mr. Hiranmay Paik
... For the petitioners.
Mr. Sabyasachi Mondal
... For the State.
The grievance of the writ petitioner no. 1 in this writ petition is that despite
his name being forwarded for further approval so that he can be put in a live roster to
be appointed on compassionate ground, no decision has been taken as yet.
The attention of this Court is drawn to a memo dated 14th August, 2009
issued by the Deputy Manager, Taratala, Depot to the respondent no. 3 wherefrom it
appears that all the relevant papers, including the local enquiry report, have been forwarded for taking a necessary decision. Let a copy of the said memo be taken on record.
There is no representation on behalf of the respondent no. 3, despite service. This Court feels that justice would be subserved if the respondent no. 3, who is the competent authority, is reminded of their obligations and duties in promptly approaching the cause instead of keeping the same in abeyance.
The respondent no. 3 is, therefore, directed to take a decision on the basis of the recommendation of the Deputy Manager, Taratala Depot within six weeks from the date of communication of this order, in accordance with law. The said respondent shall communicate his decision within one week thereafter by speed post.
Nothing in this order shall be construed to have any impact on the merit or demerit of the claim of the petitioner no. 1, which shall be decided by the said authority independently and without being influenced by any observation made herein.
The writ petition is disposed of. No order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Harish Tandon, J.)