Calcutta High Court Weekly Round-Up: July 10 To July 16

NOMINAL INDEXTexmaco Rail and Engineering Limited & Anr v Union of India and Ors 2023 LiveLaw (Cal) 183Tushar Manna v Ananda Sarkar 2023 LiveLaw (Cal) 184Ujjwal Trivedi v The State Of West Bengal and Ors with Save Democracy And Ors v The State Of West Bengal And Ors 2023 LiveLaw (Cal) 1851. Tender Process By Public Undertaking Must Be Transparent To Ensure Best Competitor Is Chosen: Calcutta High CourtCase: Texmaco Rail and Engineering Limited & Anr v Union of India and OrsCitation: 2023 LiveLaw (Cal) 183The Calcutta High Court has observed that to ensure that the best competitor is chosen, the process of selection adopted by a public undertaking is required to be transparent.A single-judge bench of Justice Sabyasachi Bhattacharya observed thus set aside the rejection of tender submitted by petitioners Texmaco Rail & Engineering Ltd., on the grounds that such a rejection by the respondent-Railway authorities, was arbitrary and mala fide.2. Calcutta High Court Quashes Trespass Charges Against Bank's Debt Manager, Says Visit To Defaulter's House Was In Due Course Of Official DutyCase: Tushar Manna v Ananda Sarkar Citation: 2023 LiveLaw (Cal) 184The Calcutta High Court recently quashed the criminal proceedings for trespass and intimidation initiated against ICICI Bank's debt manager who had visited the house of a credit card holder in connection with pending dues.A single-judge bench of Justice Shampa Dutt (Paul) held,“The petitioner being the Debt Manager of the bank's separate wing, with appropriate training as per RBI guidelines to facilitate the bank in its recovery process, allegedly went to the house of the complainant on 17.12.2019 at 2 pm to recover the bank's dues. The said act of the petitioner is part of his job and the time of going to the petitioner's house is also appropriate. Considering the time to be 2pm, it is apparent that the petitioner did not intend to act in an unlawful manner. The outstanding dues of the complainant is admitted. Thus, the conduct of the petitioner was in due course of his official duty and he has been empowered to do so as per RBI Guidelines. If every Authorised Officer of a bank/institution has to face criminal charges levelled by a defaulter, for acting in accordance with law, then it is clearly an abuse of the process of law and such proceeding should not be allowed to continue in the interest of justice.”3. State Election Commissioner Independent Constitutional Body, Plea For Removal Not Maintainable: Calcutta High CourtCase: Ujjwal Trivedi v The State Of West Bengal and Ors with Save Democracy And Ors v The State Of West Bengal And OrsCitation: 2023 LiveLaw (Cal) 185The Calcutta High Court has dismissed pleas filed against the West Bengal State Election Commission, for inter alia re-conduct of elections in areas where seats were uncontested, extension of dates for filing nominations and removal of the State Election Commissioner, among other ancillary reliefs.A division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya held that prayer for the removal of the Election Commissioner would not be maintainable since, it is an independent constitutional body which has been vested with the powers of “superintendence, directions and control” of the election process in terms of Article 243K of the Constitution of India read with provisions of the West Bengal State Election Commission Act, 1994.OTHER DEVELOPMENTSPanchayat Elections: Calcutta High Court Seeks Report On Alleged Poll Violence; Orders Treatment Of Injured, Support For Last Rites Of DeceasedCase: Adhir Ranjan Chowdhury v. The West Bengal State Election Commission The Calcutta High Court called for reports on the scale of alleged violence during polling for the West Bengal Panchayat Elections 2023 held on July 8. A division-bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya also directed the State government to provide “best treatment” and healthcare facilities for those who had been injured, as well as make arrangements for the last rites of those who had been killed. The Court opined:“This report would be of significance because it is a submission of the petitioner appearing in person as well as the intervenors that there has been large scale rigging of the elections in various booths spread over the State and instances have been given in respect of four districts and the copy of the e-mail sent to the State Election Commission has been handed over to the learned senior advocate appearing for the State Election Commission. Therefore, it is submitted that the figure of 696 booths chosen for re-polling is not the correct number and in the conservative estimate of the intervenor, re-polling should be ordered in nearly 50,000 booths throughout the State of West Bengal. Since this averment made by the intervenor…is not on record in the form of an affidavit, we will take note of the submission as and when the same is brought on record…”Why Couldn’t You Control Law & Order?...

Calcutta High Court Weekly Round-Up: July 10 To July 16

Srinjoy Das

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