PARESH BISWAS Vs. STATE OF WEST BENGAL
LAWS(CAL)-1994-9-18
HIGH COURT OF CALCUTTA
Decided on September 02,1994

PARESH BISWAS Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

R.Bhattacharyya, J. - (1.)The instant Writ application is aimed at, inter alia, praying for issuance of a Writ of, or in the nature of mandamus directing the respondents to cancel, withdraw, revoke and to fore bear from giving any effect to the impugned order of demobilisation of the respondent No. 2 commanding him to allot duties to the petitioners alongwith ancillary prayers for certiorari and for other consequential reliefs.
(2.)The sensitive facts of the Writ application unfold the lone voyage of the petitioners in quest of natural justice, despite the loyal service rendered by them as Home Guard under the Magra Police Station, Dist. Haughty. They fell prey to the whims, caprices and arbitrary action of the authorities where repeated representations by the petitioners craving for allotment of duties crowned no success, though packed with documents revealing the allotment of duties in their favour issued by the authorities. Even the letter of the D.M. Hooghly, under Memo No. 959(20)G dated 24.4.&4, directing the petitioners to approach the Deputy Magistrate at his chamber on 14.5.&4, for relief bore no result except the vain promises.
(3.)The authorities, on hearing the representations put up by the parties from time to time, began, with the promises and hopes which faded away by the colossal inaction of them. 3a. There was complete rupture of administrative justice, as the colleagues of the petitioners, though junior to them, after the order of demobilisation, were retained by the authorities in different districts. The authorities were not the respectors of the Home Guard Rules. The long silence of the authorities generated suspicion which ripened into belief that punishment in the shape of dismissal had been inflicted on them unaided by any order of reduction of the strength of the Home Guard. Far less, no administrative reasons found to be predominant to score through the claim for their demobilisation. The order of demobilisation passed by the authorities bore no fibre of administrative justice as there was a complete butchery on natural justice.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.