Calcutta High Court Weekly Round Up: June 6 To June 12, 2022

Nominal Index [Citations 225-234]State of West Bengal v. Purnima Kandu 2022 LiveLaw (Cal) 225Goutam Saren v. Union of India & Ors 2022 LiveLaw (Cal) 226Anup Gupta v. State of West Bengal and others 2022 LiveLaw (Cal) 227Protima Dutta v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 228Soumen Nandy v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 229Mousumi Narayan (Nee Pal) v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 230Usthi United Primary Teachers Welfare Association & Anr v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 231Central Bureau of Investigation (Special Case No.04/99) v. Ms. S.R.Ramamani & Ors 2022 LiveLaw (Cal) 232Suvendu Adhikari v. Abhishek Banerjee 2022 LiveLaw (Cal) 233Nipika Agarwal Proprietress of S.N. Trading Versus Assistant Commissioner of State Tax 2022 LiveLaw (Cal) 234Orders/Judgments 1. Calcutta HC Upholds Single Judge Order For CBI Probe Into Congress Councillor Tapan Kandu's MurderCase Title: State of West Bengal v. Purnima KanduCase Citation: 2022 LiveLaw (Cal) 225The Calcutta High Court on Monday upheld the order of a Single Judge bench for a CBI probe into the death of former Congress councillor of Jhalda Municipality in Purulia, Tapan Kandu who was reportedly shot dead by miscreants on March 13. A Division Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj noted that the counsel appearing for the CBI has pointed out that the CBI has already taken over the investigation and substantial progress in the investigation has been done. Opining that no case of interference is made out, the Court observed, "In view of the circumstances noted above, we do not find any error in the order of the learned Single Judge and no case of interference is made out. We make it clear that any observation made by the learned Single Judge in the order under challenge or by this Court in this order are only tentative for the purpose of deciding the present issue and they will not prejudice the trial in any manner."2. Sordid State Of Affairs': Calcutta HC Raps CAT For Delay In Case Disposal, Orders Conduct Of Day To Day Hearing To Dispose Matter In 2 WeeksCase Title: Goutam Saren v. Union of India & OrsCase Citation: 2022 LiveLaw (Cal) 226The Calcutta High Court came down heavily on the Central Administrative Tribunal for failing to dispose of a matter within a month despite its earlier order, by labelling it to be a 'sordid state of affairs'. A Bench comprising Justice Shampa Dutt (Paul) and Justice Harish Tandon underscored, "It is the sordid state of affairs that despite all requests having been made to the officers manning the tribunal to dispose of the matter within a month from the date of the communication of this order, no substantial progress could be seen therefrom." Opining that the time limit set forth is mandatory, the Court further observed, "The time limit set forth hereinabove, is peremptory and mandatory. If necessary, the tribunal shall fix the date on day to day basis in order to adhere to the time fixed by this Court in the impugned order."3. Teacher Recruitment Scam: Calcutta High Court Orders Removal Of Illegally Appointed Asst. Maths Teacher From Govt SchoolCase Title: Anup Gupta v. State of West Bengal and othersCase Citation: 2022 LiveLaw (Cal) 227The Calcutta High Court while adjudicating upon a plea alleging illegal appointment of assistant teachers for Class 9 and Class 10 in State-run schools, directed West Bengal Board of Secondary Education to set aside the appointment of a mathematics teacher. In the instant case, one Siddique Gazi was working as a mathematics teacher at Soluadanga High School in Murshidabad since February 2021. Justice Rajasekhar Mantha took on record the report filed by Ashok Kumar Saha, Assistant Secretary, West Bengal Central School Service Commission wherein the Commission had admitted that the appointment of Gazi as Assistant Teacher in the subject of Mathematics in OBC for Class IX & X under the State Level Selection Test, 2016 has been a mistake. Directing the Board of Secondary Education to immediately cancel his appointment, the Court underscored, "In that view of the matter, appointment of Siddik Gazi as Assistant Teacher by the Board of Secondary Education shall stand quashed and set aside. The Board shall take immediate consequential steps. An illegal appointment cannot confer any right on an appointee." The Court stated that it will consider on June 8 whether the said appointment was obtained by fraud or other malpractice. It further directed that no arrears whatsoever in any form shall be paid to the illegal appointee in the meantime.4. Pressure On WB Police To Shield Certain Persons: High Court Orders CBI To Probe TMC Leader Tapan Dutta's MurderCase Title: Protima Dutta v. The State of West Bengal & OrsCase Citation: 2022 LiveLaw (Cal) 228The Calcutta High Court transferred to the Central Bureau of Investigation (CBI) the probe relating to murder of Trinamool Congress leader Tapan...

Calcutta High Court Weekly Round Up: June 6 To June 12, 2022

Aaratrika Bhaumik

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