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Calcutta High Court Weekly Round...

Calcutta High Court Weekly Round Up: June 19 To June 25, 2023

Srinjoy Das

26 Jun 2023 10:50 AM GMT

Calcutta High Court Dismisses PIL Against Smart-Electricity Meters Filed Over "Baseless Apprehension" That It Would Affect Thousands Of Jobs

Case: Spot Billing Meter Readers Welfare Association v State of WB & ors

Citation: 2023 LiveLaw (Cal) 166

The Calcutta High Court dismissed a PIL filed on behalf of the Spot Billing Meter Readers Welfare Association, seeking directions against the installation of smart-billing electricity meters over apprehension that they would jeopardise the jobs of thousands of meter-readers.

While petitioner acknowledged that technology should not be resisted, he expressed concern that a wide-scale use of technology in meter-reading would render the jobs of most manual meter-readers irrelevant, thereby affecting their lives and livelihood.

The PIL was dismissed with the bench opining, “We are of the view that such apprehension is absolutely baseless. There has been no material placed by the petitioner to show that meter-readers job would be rendered irrelevant by smart-meters.”

While the Writ petition was dismissed, the Court gave the petitioners liberty to approach any appropriate forums if their own rights were being affected in any way.

Unmarried/ Widow Daughter Of Employee Who Superannuated Or Died Prior To DCRB Scheme Entitled To Family Pension: Calcutta High Court Full Bench

Case: The State of West Bengal and Others v Sabita Roy and connected petitions.

Citation: 2023 LiveLaw (Cal) 167

A Full bench of the Calcutta High Court held that family pension can be extended to unmarried/ widowed daughter of an employee who superannuated or died prior to coming into force of the Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981, which came into effect on and from 1st April, 1981.

The bench comprising Justice Harish Tandon, Justice Shampa Sarkar and Justice Rabindranath Samanta made the observation while answering a reference in connection with three petitions relating to grant of family pension to (i) widowed daughter of a deceased Assistant Teacher, (ii) widowed daughter of a retired (now deceased) high school clerk and (iii) unmarried and handicapped daughter of a retired (now deceased) Assistant Teacher.

“Writ Of Certiorari And Quo Warranto Can Peacefully Coexist”: Calcutta High Court Allows Amendment For Addition Of Prayer In Writ Petition

Case: Professor Syed Haider Hassan Kazimi & Ors. vs State of West Bengal & Anr.

Citation: 2023 LiveLaw (Cal) 168

The Calcutta High Court recently allowed a plea seeking to insert prayer for writ of Quo Warranto in a Writ petition filed seeking a writ of Certiorari for quashing a Notification issued by the Minority Affairs and Madrasah Education Department of the State.

A single-judge bench of Justice Moushumi Bhattacharya held that it would be within the powers of a Writ Court under Article 226 of the Constitution to allow for the amendment of prayers in a writ petition, and that a writ of certiorari and one of quo warranto are not mutually destructive. “Certiorari and Quo Warranto may be independent, space-hugging bedfellows but are not warring or destructive of each other,” it remarked.

High Court Slams Kolkata Municipal Corporation For Engaging Contractual Employees To Permanent Posts, Restrains Their Termination As One Time Measure

Case: Kausik Ghosh & Ors. Vs. The State of West Bengal & Ors.

Citation: 2023 LiveLaw (Cal) 169

The Calcutta High Court has pulled up the Kolkata Municipal Corporation (“KMC”) for its practice of engaging contractual workers to carry out the tasks of permanent employees against the settled position of law in various rules of recruitment, as well as precedents laid down by the Supreme Court from time to time.

A division Bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray partly allowed an appeal preferred by such contractual workers, seeking regularisation of appointment due to apprehension of losing their contractual jobs, after a decade of service.

The Court, in an exceptional finding, which it did not want to become a precedent, held that while an order for regularisation of service could not be passed due to the dictum of the Supreme Court on this issue, the petitioners would be protected from losing their jobs till their age of superannuation.

Coal-Cattle Scam: Calcutta High Court Directs Single Judge To Decide Afresh Plea For CBI Probe Into Murder Of Trader Raju Jha

Case: RANJU JHA VS NARENDRA KHARKA AND ORS

Citation: 2023 LiveLaw (Cal) 170

In an appeal against an order for transfer of investigation to CBI in a case concercing a murder investigation linked with the infamous coal and cattle scams in West Bengal, the Calcutta High Court has said that the powers of a Court to transfer an investigation from one investigative agency to another, particularly a central investigative agency, must be exercised “sparingly” and only along parameters as laid down in multiple decisions of the Supreme Court.

A division bench of Chief Justice Sivagnaman and Justice Ajay Kumar Gupta set aside the order for transfer of investigation and held that there must be a “proven live link” between the investigation sought to be transferred and related investigations being carried out by the Central Bureau of Investigation (“CBI”).

[POCSO Act] When “Ring Of Truth” Found In Victim's Story, Her Non-Examination By Police Is Of No Consequence: Calcutta High Court

Case: Prakash Shaw v. State of West Bengal

Citation: 2023 LiveLaw (Cal) 171

The Calcutta High Court has recently upheld the conviction of a boy who allegedly “pawed” at a minor girl while she was accompanied by her mother in a public area. A single-judge bench of Justice Siddhartha Roy Chowdhury upheld the conviction on the basis on the minor’s testimony and noted that non-examination of the victim by the Police would be of no consequence in such circumstances.

The bench was hearing an appeal against conviction. It was submitted by the respondents that while the both of them were walking back home from a marketplace in Howrah, the minor was assaulted by a boy approaching them from the opposite side.

In upholding the conviction, the Bench noted, “The testimony indicates that after the boy touched her breast, he was nabbed by her as well as her mother and he was slapped. The place was crowded and soon after the incident police arrived there. The accused person did not utter anything indicating his lack of intention to commit offence."

'Intrusion Into Exclusive Domain Of SEC': Calcutta High Court Sets Aside NHRC Order Appointing Observer To Oversee Panchayat Polls

Case: West Bengal State Election Commission and another vs. National Human Rights Commission and others

Citation: 2023 LiveLaw (Cal) 172

The Calcutta High Court set aside an order of the National Human Rights Commission (“NHRC”) deputing the Director General (Investigations) of the Commission as a Special Human Rights Observer for the upcoming panchayat polls, slated to held on July 8.

A single-bench of Justice Sabyasachi Bhattacharya observed that panchayat elections are held by the State Election Commission (“SEC”) and "intrusion by the NHRC into the exclusive domain of the SEC" is not justified.

Court said exception to such powers has been made only with regard to law enacted by the Parliament as regards matters relating to conduct of election of either Parliament or State Legislature, without affecting the plenary powers of the Election Commission.

The Bench noted that the NHRC erred in passing orders, directing the SEC to curb instances of violence during the WB Panchayat Elections 2023, since it did not have any authority to do so over a Constitutional body such as the SEC; thus acting outside the Constitution as well as its parent statute, the Protection of Human Rights Act, 1993. (“NHRC Act”)

OTHER DEVELOPMENTS:

Calcutta High Court Reserves Judgment In PIL Against "Unilateral" Appointment Of Interim-VCs By Governor

Case Title: Dr Sanat Kumar Ghosh Vs The Chancellor, University Of Kalyani And Ors

The Calcutta High Court division bench of Chief Justice Sivagnaman and Justice Ajay Kumar Gupta reserved its judgment in a PIL filed by a retired professor, questioning the alleged illegality with which the Governor of West Bengal, acting as de facto Chancellor of State Universities, unilaterally appointed interim Vice-Chancellors.

The petitioner said consultation with the relevant State Departments is mandatory under the UGC norms and prayed for issuance of the Writ of quo warranto upon the Governor.

While reserving judgment, the Bench observed the need for a speedy resolution of this matter: “Assuming that this war goes on for Six more years, what shall we do? Shut down all universities and make the registrars carry out only administrative functions?”

High Court Slams Kolkata Municipal Corporation Over Unauthorized Street Vendors Issue, Says Inaction Amounts To 'Rewarding Encroachers

Case: FAIZAN MD ZAFAR VS STATE OF WEST BENGAL AND ORS.

In a PIL filed by a practising Advocate, concerning the blockage and encroachment of a public road by unauthorised vendors and shopkeepers, the Calcutta High Court pulled up the Kolkata Municipal Corporation (KMC) and Kolkata Police for being unable to evict the unauthorised encroachers and trespassers masquerading as hawkers on governmental property.

A division bench of Chief Justice Sivagnaman and Justice Ajay Kumar Gupta noted that the road in question was a two-lane road which contained a hospital, and an office of the West Bengal Transport Corporation at either end. The petitioners complained that on the aforesaid stretch of road an illegal market place by the name of ‘Mullick Bazar’ had cropped up, consisting of unauthorised vendors who blocked all thoroughfare for passing traffic throughout the day.

Justice Sivagnaman took exception to the fact that West Bengal was one of only a few states that had not formed an interim “hawking committee” for the identification of street vendors and hawkers under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (“2014 Act”).

According to him, this has resulted in the KMC rewarding encroachers, since those with pucca shops, having complied with all the paperwork and after payment of all taxes, still have the front of their shops encroached by the hawkers.

Calcutta High Court Seeks State's Response On Plea Alleging 'Overload' Of State Representatives On Search Committee For State Universities VCs

Case: Anupam Bera v Union of India WPA(P)/264/2023

The Calcutta High Court has sought the State's response in a PIL concerning composition of search committees for the selection of Vice-Chancellors for WB State Universities, following the West Bengal University Laws (Amendment) Ordinance, 2023, (“2023 amendment”).

The Ordinance increased the strength of the Committee from 3 to 5 to include Chief Minister’s nominee and a representative of the West Bengal State Council of Higher Education.

A division bench of Chief Justice Sivagnaman and Justice Ajay Kumar Gupta characterised the issues in the case to be a) whether there need to be multiple nominees by the State Executive on the same committee? b) whether such an inclusion would be outside the boundaries of the Constitution and c) whether this would lead to “governmental dominance of the education system pertaining to selection of VCs?”

'Polls Should Be Stopped If Bloodbath Continues': Calcutta High Court Orders CBI Probe Into Violence During Nominations For Panchayat Elections

Case Title: Soumya Aich Roy & Anr. Vs The West Bengal State Election Commission And Ors. And Connected Petitions.

The Calcutta High Court directed the Central Bureau of Investigation (CBI) to probe into alleged instances of violence and corruption that have taken place during nominations for elections to the Three-tier Panchayati Raj System in West Bengal, slated to be held on July 8.

A single-judge Bench of Justice Amrita Sinha took exception to the claims of abject violence taking place at the stage of filing nominations against certain groups of prospective candidates and orally remarked, “So many instances of violence? The polls should be stopped if the bloodbath continues.”

“If Officials Are So Busy, They Better Wind Up”: Calcutta High Court Flays SEC For Requisitioning Inadequate Central Forces Amid Panchayat Elections

Case: Suvendu Adhikari v Rajiva Sinha, State Election Commissioner and other connected petitions.

The Calcutta High Court issued fresh directions to the West Bengal State Election Commission (“SEC”) to requisition the deployment of additional central paramilitary forces for the WB Panchayat Elections 2023, within 24 hours.

A division bench of Chief Justice Sivagnaman and Justice Uday Kumar took exception to SEC requisitioning only 22 companies of paramilitary forces as against 825 companies deployed in 2013.

The bench was hearing contempt petitions filed by the BJP’s Suvendu Adhikari and Congress’ Adhir Ranhjan Chaudhary against the inaction of the State and SEC in implementing the orders of the High Court, dated 13^th June and 15^th June.

Appeals against both these orders preferred by SEC and State government were dismissed by the Supreme Court and the decision of the High Court regarding the deployment of paramilitary forces among other issues, was affirmed.

“Part Of Kolkata’s Heritage”: Calcutta High Court Directs Govt To Constitute Committee To Examine How Tram Services Can Be Preserved

Case: Sulagna Mukherjee v State of West Bengal & ors

The Calcutta High Court directed the State of West Bengal and its Transport department to form a committee to examine, and submit a report as to how Tram services can be "restored, maintained and preserved" in the city of Kolkata.

The Bench comprising Chief Justice Sivagnaman and Justice Ajay Kumar Gupta passed the order in a PIL for preservation of remaining stretches of tram railways in the city from being sold off or demolished.

The bench asked the State to not treat such a litigation as adversarial and ordered that the Committee be constituted comprising relevant government officials, tram-enthusiasts among Kolkata’s citizens, Non-Governmental organisations and experts in the field of conservation of heritage, with “independent minds.”

Panchayat Elections: Calcutta High Court Stays Single Judge's Directive For CBI Probe Into Allegations Of Tampering Of Nomination Papers

Case: The District Magistrate of Howrah & Others Vs Kashmira Begam Khan & Others

The Calcutta High Court stayed a single-judge's direction asking the Central Bureau of Investigation (CBI) probe into allegations of tampering of nomination papers, filed by candidates for the West Bengal Panchayat Elections 2023, against a Returning Officer from Howrah district.

District Magistrate of Howrah and other Election Officers have challenged the single-judge’s order directing the CBI to probe into allegations of corruption levelled by the candidates for tampering with the nomination papers of aspiring candidates belonging to opposition parties. It was alleged that during the scrutiny process their nomination had been blocked due to lack of caste certificates, in spite of the respondents having submitted the same at the time of filing nominations.

A division bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray said since both the parties have arguable cases, which requires its careful consideration, the CBI shall not take any steps in terms of the impugned order till June 26.