Sanatan Sarkar vs The State Of West Bengal & Ors
2021 Latest Caselaw 2740 Cal

08.04.2021
 Ct. No.13
 Sl. No.330
    akd
                                         W.P.A. 279 of 2021        [via video conference]

                            [Sanatan Sarkar -Vs- The State of West Bengal & Ors.]



                               Ms. Rita Patra
                                                        ... ... for the petitioner

                               Mr. Himadri Sikhar Chakraborty
                               Mrs. Debdooti Dutta
                                                   ... ... for the State


                     Affidavit-of-service filed in Court today be kept with the

              record.

                     The petitioner is aggrieved by the fact that the

              respondents have not initiated any departmental proceeding

against him despite having kept him under suspension for a long

period of time.

The facts of the case are, inter alia, that sometimes in

May, 2017, a FIR came to be lodged against the petitioner with

the Sagardighi Police Station for acts of omission and

commission under Sections 465/467/420/409 read with Section

34 of the Indian Penal Code. The petitioner was in custody for

over 75 days. The petitioner thus came to be kept under

deemed suspension.

Despite the suspension continuing since the year 2017,

proceedings have not been taken out by the authorities.

In the above circumstances, the respondent nos.2, 4 and

5 shall initiate and conclude the departmental proceedings

against the petitioner within a period of four months from the

date of communication of a copy of this order mandatorily and

positively.

The District Magistrate, Murshidabad shall be notified of

the instant order and shall ensure compliance of the said order.

Parties shall serve a copy of this order to the District

Magistrate, Murshidabad forthwith.

With the aforesaid observations, WPA 279 of 2021 is

disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this judgment, if applied

for, be given to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)