Calcutta High Court (Appellete Side)
Mukul Nandi vs The State Of West Bengal & Ors on 28 September, 2022
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
28-09-2022
ct no. 13
Sl.27
sp
WPA 20733 of 2022
Mukul Nandi
-Versus-
The State of West Bengal & Ors.
Mrs. Nandini Mitra,
Mr. Syed Shahid Imran,
Mr. Sakya Maity,
Ms. Saika Khan
...for the petitioner
Mr. Santanu Kumar Mitra, ld. Sr. Govt. Adv.
Mr. Subhabrata Das
...for the State
Mr. Sumit Kr. Panja,
Mr. Sunit Roy
...for the WBSEDCL
The writ petitioner is a whistleblower
contractor engaged by the WBSEDCL in the
Bardhaman area.
He had complained of alleged corruption
against one Md. Sohel Hassan, Divisional
Manager/Engineer, and Sk. Samad, a contractor.
Acts of corruption are alleged against the Executive
Engineer and one Sk. Samad who has facilitated the
corruption. The petitioner is stated to have been
severely assaulted with an attempt to murder him.
As many as three FIRs have been registered.
Two of such FIRs have resulted in charge sheets.
Further investigation into one of such charge sheets
2
has been directed by the ACJM concerned. The third
FIR resulted in an FRT.
The Bardhaman Police Station shall file a
detailed report before this Court in respect of the
three charge sheets except one, that is already
pending consideration before the Jurisdictional
Magistrate, where further investigation has been
ordered.
The Court notices that the concurrence and
cooperation of the WBSEDCL is vital for the
investigation by the Bardhaman Police into the FIR,
which is pending consideration after re-investigation
before the Jurisdictional Magistrate.
For the aforesaid purpose and to facilitate the
same, the petitioner shall prepare and submit a
comprehensive and detail complaint/representation
to the Chief Vigilance Officer, WBSEDCL, and to the
I.C., Burdwan P.S. within a period of 7 days from the
date of receipt of a copy of this order.
The Chief Vigilance Officer, WBSEDCL shall
submit an unbiased, transparent and detailed report
before this Court on the adjourned date with prior
service to the petitioner and the Officer-in-Charge,
Bardhaman Sadar Police Station within 2 weeks to
the petitioner's complaint as above. The Chief
Vigilance Officer shall also render all assistance to
the Officer-in-Charge, Bardhaman Sadar Police
3
Station to conduct the investigation into the pending
FIR.
If necessary, the Bardhaman Police Station
may at their discretion also register further FIR based
on the representation of the petitioner and the report
of the Chief Vigilance Officer, WBSEDCL.
Let this matter stand adjourned and be listed
on December 7, 2022.
The report of the Inspector-in-Charge,
Burdwan Police Station, Purba Bardhaman, dated
20.09.2022, addressed to the State advocate, is kept with the record.
List the matter accordingly.
(Rajasekhar Mantha, J.)