Calcutta High Court Weekly Round Up: April 4 To April 10, 2022

Nominal Index [LiveLaw (Cal) 105 To 2022 LiveLaw (Cal) 114]Purnima Kandu & Anr v. State of West Bengal 2022 LiveLaw (Cal) 105Laxmi Tunga & Ors v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 106Dr Santi Prasad Sinha v. Laxmi Tunga and ors 2022 LiveLaw (Cal) 107Rajib Chakraborty and Ors v. The State of West Bengal and Ors 2022 LiveLaw (Cal) 108Anindita Bera v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 109The Court on its own Motion In re: The Brutal Incident of Bogtui Village, Rampurhat, Birbhum 2022 LiveLaw (Cal) 110Dr. Kunal Saha v. The State of West Bengal & Anr 2022 LiveLaw (Cal) 111Monirul Molla v. The State of West Bengal 2022 LiveLaw (Cal) 112APL Metals Ltd. v. Mountview Tracom LLP & Ors 2022 LiveLaw (Cal) 113Sona Karar & anr v. The Howrah Municipal Corporation & ors 2022 LiveLaw (Cal) 114Orders/Judgments 1. 'Need For Instilling Faith In Public At Large': Calcutta HC Orders CBI Probe Into Murder Of Congress Councillor Tapan KanduCase Title: Purnima Kandu & Anr v. State of West BengalCase Citation: 2022 LiveLaw (Cal) 105The Calcutta High Court on Monday transferred to the Central Bureau of Investigation (CBI) the investigation into the death of former Congress councillor of Jhalda Municipality in Purulia, Tapan Kandu who was reportedly shot dead by miscreants on March 13. Justice Rajasekhar Mantha was adjudicating upon a plea moved by the widow of the deceased Councillor seeking a CBI probe on the ground that no progress in the investigation has been made by the State investigating authorities. Expressing deep concern, the Court also noted that the Inspector-In-Charge of the Jhalda Police station, Sanjib Ghosh who is set to have facilitated the crime has not yet been taken into custody. The Court observed that it is 'surprising' that the mobile phone of Ghosh has not yet been seized and that vital data may have been lost by now. Accordingly, while ordering a CBI probe, the Court underscored, "..there is need for instilling faith of the public at large in any investigation, relating to the crime of this nature. The public at large, need to see that the Rule of Law is still prevalent, given the gravity and politically sensitive nature of the crime. Justice must be seen to be done. Satisfaction of the de facto complainant, petitioners' family members and persons associated with them also needs to be addressed."2. SSC 'Group-D' Recruitment Scam: Calcutta High Court Orders Police To Ensure Presence Of Recruitment Panel Members Before CBICase Title: Laxmi Tunga & Ors v. The State of West Bengal & Ors.Case Citation: 2022 LiveLaw (Cal) 106Justice Abhijit Gangopadhyay of the Calcutta High Court on Monday ordered the Deputy Commissioner of Police (Central) and the Commissioner of Police of Bidhan Nagar Police Commissionerate to ensure the presence of 4 members of the High Powered Committee which had been constituted by the State to oversee the recruitment of close to 13,000 non-teaching staff in government-aided schools in the office of the Central Bureau of Investigation (CBI) by 4 pm on Monday. The direction was issued while adjudicating upon a batch of petitions pertaining to the alleged irregularities in the appointment of 'Group-D' (non-teaching staff) in sponsored Secondary and Higher Secondary schools under the West Bengal Board of Secondary Education (WBBSE) on the purported recommendation by the West Bengal School Service Commission (WBSSC). Directing the police authorities to ensure the presence of 4 members of the High Powered Committee before the CBI, the Court ordered, "..I find that Sri S. Acharya and Sri P. K. Bandyopadhyay are working in Shilpa Sadan, 6th floor, 4, Abanindranath Tagore Sarani, Kolkata-700016 and as Sri A. K. Sarkar is residing in Falguni Abasan, Block-FB, Sector-III, Salt Lake and Sri T. Panja is working now as the Senior Law Officer in School Education Department, Government of West Bengal, Bikash Bhawan, 5th Floor, I direct the Deputy Commissioner of Police (Central) Kolkata Police to ensure the presence of Mr. S. Acharya and Mr. P. K. Bandyopadhyay before CBI by 3 p.m. today and I direct the Commissioner of Bidhan Nagar Police Commissionerate to take steps for ensuring the presence of Sri A. K. Sarkar and Sri T. Panja who are residing and working, respectively in Salt Lake, which is under the Commissioner of Police, Bidhan Nagar Commissionerate. Their presence are also to be ensured by the Commissioner of Police of Bidhan Nagar Commissionerate by 4 p.m. today."3. SSC 'Group D' Recruitment Scam| Calcutta HC Allows CBI To Interrogate Recruitment Panel Members But Not Take Them Into CustodyCase Title: Dr Santi Prasad Sinha v. Laxmi Tunga and ors.Case Citation: 2022 LiveLaw (Cal) 107The Calcutta High Court on Tuesday allowed the CBI to interrogate S.P. Sinha, former chairman of the School Service Commission's advisory committee, and former education secretary Alok Sarkar pertaining to the alleged irregularities in the appointment of 'Group-D' (non-teaching staff) in...

Calcutta High Court Weekly Round Up: April 4 To April 10, 2022

Aaratrika Bhaumik

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