Calcutta High Court (Appellete Side)
Society For Social Justice For ... vs The State Of West Bengal & Ors on 16 June, 2016
Author: Dipankar Datta
Bench: Dipankar Datta
16.06.2016 Item No.32 SB W.P. 6060 (W) of 2016 Society for Social Justice for Dalit-Chain Samaj of India & Ors.
Vs. The State of West Bengal & Ors.
Mr. Binoy Kumar Das...........for the petitioners. Ms. Subhra Nag.............for the State. The order of the District Magistrate, Malda dated 30.01.2016 is the subject matter of challenge in this writ petition. By the said order, an ambulance which was purchased out of MPLAD Fund and handed over to the petitioning society has been withdrawn relying upon a report of the Block Development Officer, Kaliachak - III and the statements of the concerned Hon'ble Member of Parliament and an Hon'ble Member of the State Legislative Assembly of that area. It does not appear from the order impugned that copy of the report of the block development officer was made over to the petitioning society. That apart, there is no finding in the district magistrate's order regarding violation of the guidelines of MPLAD. Merely observing that the ambulance under the MPLAD is not being used for the purpose for which it was provided would not suffice. There has to be clear evidence based whereon a finding could be recorded that there has been clear breach of the guidelines warranting withdrawal of the ambulance.
In the result, the order of the district magistrate stands set aside. The district magistrate shall proceed to decide the matter afresh upon granting opportunity of hearing to the petitioning society. The report of the block development officer as well as any other documentary evidence sought to be relied on by the district magistrate shall be made available to the petitioning society sufficiently before hearing commences.
Let a fresh order be passed as soon as possible, preferably within four weeks from date of receipt of a copy of this order. The writ petition stands disposed of, without costs. Urgent photostat certified copy of this order, if applied for, be furnished to the parties as early as possible.
(DIPANKAR DATTA, J.)