Calcutta High Court Weekly Round-Up: 2022 LiveLaw (Cal) 49 to 2022 LiveLaw (Cal) 58

Nominal Index Rajib Paul v. The State of West Bengal and Anr 2022 LiveLaw (Cal) 49Rakesh Kumar Singh v. Director, Alipore Zoological Garden & Ors 2022 LiveLaw (Cal) 50 Anindita Mandal v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 51 Md. Abdul Gani Ansari v. State of West Bengal & Ors. 2022 LiveLaw (Cal) 52Iti Pandit v. The Union of India and Ors 2022 LiveLaw (Cal) 53Pratap Banerjee v. State of West Bengal and other connected matters 2022 LiveLaw (Cal) 54Bharat Heavy Electricals Limited v. Optimal Power Synergy 2022 LiveLaw (Cal) 55Chandan Jana & Ors v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 56Ashoke Ghosh v. State of West Bengal 2022 LiveLaw (Cal) 57Shueli Panda Mishra & Ors v. State of West Bengal 2022 LiveLaw (Cal) 58Orders/Judgments of the week 1. 'Reduced Investigation To A Mockery': Calcutta HC Orders CBI Probe Into Haldia Dock Extortion Case, Rejects State's Plea For SIT ProbeCase Title: Rajib Paul v. The State of West Bengal and AnrCase Citation: 2022 LiveLaw (Cal) 49The Calcutta High Court ordered the Central Bureau of Investigation (CBI) to probe into alleged extortion of truckers at Haldia Port and observed that "syndicates" have a stranglehold on most businesses and commerce in the state. The Court thus stayed the ongoing investigation by the State police and furthermore rejected the State's plea to allow a Special Investigation Team (SIT) to be entrusted with the investigation. Justice Rajasekhar Mantha observed, "The investigation is being carried out in a perfunctory manner. The faith of the public at large in such investigation could be eroded. There is therefore strong and prima facie case made out for transfer of the case from the State to the CBI. The Court directed the CBI to collect all the case material including case diary and all evidence from the Haldia Police and commence investigation. However, the Court ordered that final report shall not be filed by the CBI without the leave of this Court.2. Outsiders' Entry Inside Alipore Zoo| Calcutta HC Disposes Of Plea By Directing Police To Act Impartially, Submit Report To Magistrate Within 1 MonthCase Title: Rakesh Kumar Singh v. Director, Alipore Zoological Garden & OrsCase Citation: 2022 LiveLaw (Cal) 50The Calcutta High Court disposed of a plea pertaining to the alleged entry of outsiders inside the Kolkata Alipore Zoo premises by directing the concerned police authorities to investigate into the matter and submit a report to the concerned jurisdictional Magistrate within a period of one month. The Court was adjudicating upon a plea moved by BJP leader Rakesh Kumar Singh alleging that on January 24 about 600-700 persons had forcefully entered the Zoo premises even though the premises were not open to the public due to the ongoing Covid-19 pandemic. Justice Mantha opined that the claims of the petitioner cannot be adjudicated under writ jurisdiction and accordingly observed, "This Court is of the view that the claims and grievances of the petitioner as recorded hereinabove, cannot be dealt with under Article 226 of the Constitution of India." The Court further directed the concerned police authorities to investigate into the complaints lodged in an impartial manner and submit a report to the concerned jurisdictional Magistrate within a period of one month. "The Zoo Administration and police are ordered not to take sides and be impartial in dealing with any situation inside or outside the Zoo premises. The complaint filed by the police shall be investigated and suitable report be submitted to the jurisdictional Magistrate within a period of one month from date. The complainants may take appropriate steps against such final report as they may be advised in accordance with law", the Court directed.3. 'Not A Case Where Family Can't Arrange Two Square Meals': Calcutta HC Denies Compassionate Appointment To Petitioner Whose Mother Is WorkingCase Title: Anindita Mandal v. The State of West Bengal & OrsCase Citation: 2022 LiveLaw (Cal) 51The Calcutta High Court dismissed a plea seeking compassionate appointment by observing that the mother of the petitioner is a teacher of a school and thus there is no immediate crisis faced by the family members. The petitioner one Anindita Mandal had sought compassionate appointment on the ground that her father had passed away when she was ten years old. The mother of the petitioner is working as a teacher in a school. Justice Abhijit Gangopadhyay observed, "The compassionate appointment is given to tie over immediate crisis faced by the family members for untimely death of the bread earner. It is not a case where the family is facing crisis to arrange even two square meals as the mother of the petitioner is working". The Court ruled that the instant case would not come within the the policy of the State for compassionate appointment. Accordingly, the petition was disposed of.4. 'Deliberate Illegal Action': Calcutta High Court Raps WBSSC, Cancels Appointment Of 6 Teachers In Recruitment...

Calcutta High Court Weekly Round-Up: 2022 LiveLaw (Cal) 49 to 2022 LiveLaw (Cal) 58

Aaratrika Bhaumik

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