Makbul Molla vs The State Of West Bengal & Ors
2021 Latest Caselaw 1573 Cal

26.02.2021.
Item no. 122.
Court No.13
   ap
                             W.P.A. No. 4619 of 2021
                           (Through Video Conference)

                               Makbul Molla
                                   Versus
                      The State of West Bengal & Ors.

                 Mr. Kajal Ray.
                                                 ...For the petitioner.
                 Mr. Himadri Sikher Chakraborty,
                 Mr. K. M. Hossain.
                                                       ...For the State.
                 Mr. Suhrid Sur.
                                           ..For the respondent no.6.

Affidavit-of-service filed in Court today by the

Counsel for the petitioner be taken on record.

A "Soloman Moment" has emerged in this writ

application.

The petitioner applied in the year 2011 for

compassionate employment on account of the death of

his father in 2010, who was a Home Guard Volunteer

under the Kolkata Police. The petitioner furnished a

no-objection certificate from his brother, the

respondent no.6.

The petitioner was thereafter accused by the wife

of the 6th Respondent under 498A, 323, 354,379 read

with Section 34 of IPC. Criminal proceedings being GR

Case No. 411 of 2014, before the 5th J.M. at Hooghly

were started.

By an order dated 12th August, 2015 a Co-

ordinate Bench of this Court directed the Authorities

to take a decision on the petitioner's representation for

compassionate appointment.

The Superintendent of Police, Hooghly by an

order dated 18th March, 2016 found that the criminal

proceeding is still pending and that no objection of the

6th Respondent in the format required by WB Police

was not available.

The petitioner has been acquitted by the 5th

Judicial Magistrate, Hooghly in G.R. Case No. 411 of

2014 vide judgment dated 20th September, 2019.

The petitioner thereupon applied before the

Director General of Police and Commandant General,

Home Guards, West Bengal and the Superintendent of

Police, Home Guard, Hooghly for consideration of his

application for compassionate employment, afresh.

Counsel for the respondent no.6, on being

enquired by the Court, submitted that his client "did

issue" the no-objection certificate in favour of the

petitioner's request for compassionate employment in

the year 2011. He submits that the same was

pursuant to some family settlement. It is however

submitted that the petitioner has violated the family

settlement. His client is, therefore, now asserting

claim to the compassionate appointment after

withdrawing the NOC of 2011. He claims to have

lodged a complaint with the Pandua Police Station on

22nd February, 2021 in this regard.

Upon being queried by this Court as to whether

the applications of both the petitioner and the

respondent no.6 should be refused by this Court and

the respondent authorities, Counsel for the respondent

no.6 submits that he would rather have that. The cat

has slipped out of the bag.

This Court notes that the disputes, if any,

between the respondent no.6 and the petitioner are

personal in nature and the brothers may take

appropriate steps in respect of claims against one

another in an appropriate forum.

This Court finds that the conduct of the

respondent no.6 in having once given a no objection

and then withdrawing it now, is clearly a result of

personal vendetta rather than for any genuine claim

for employment. The respondent no.6 has admittedly

never ever raised any request for employment with the

respondents till the year 2019 and until the

petitioner's acquittal in the criminal proceedings.

It is equally pertinent to note that the criminal

proceeding against the petitioner albeit arising out of a

domestic violence was instituted by the wife of the

respondent no.6 against the petitioner and his family.

The objections of the respondent no.6 against

the respondent no.1 cannot be sustained or

countenanced by this Court and are, therefore,

rejected.

The petitioner having been acquitted in the

criminal proceeding, there is no impediment on the

respondent authorities to consider his case for

compassionate employment.

The Superintendent of Police, Home Guards,

Hooghly Rural, shall within a period of two months

from the date of communication of a copy of this order,

take an appropriate decision on the request of the

petitioner for compassionate employment in the light

of the observations made hereinabove.

The instructions filed by the Counsel for the

State issued by the Officer-in-charge, Pandua Police

Station dated 22nd February, 2021 be taken on record.

With the aforesaid directions, the instant writ

application shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of

this order on usual undertakings.

(Rajasekhar Mantha, J.)