Biswajit Chakraborty vs State Of West Bengal & Ors
2021 Latest Caselaw 396 Cal

21.01.2021 Sl. No.36 akd W.P.A. 10172 of 2020 [via video conference]

[Biswajit Chakraborty -Vs- State of West Bengal & Ors.]

Mr. Krishnendu Gupta Mr. Kanakendu Chatterjee ... ... for the petitioner

Mr. Joytosh Mazumder .. Ld. Govt. Pleader Mr. Arjun Roy Mukherjee Mr. K. M. Hossain ... ... for the State

The writ petitioner seeks compensation for a sum of

Rs.25 lakhs and litigation costs for mental agony suffered by

reason of actions of the State in wrongfully reducing one

increment pursuant to departmental enquiry, which was

challenged before the State Administrative Tribunal. By order

dated 11.07.2016 the West Bengal Administrative Tribunal in

O.A. 481 of 2014 held that the departmental enquiry was held in

violation of natural justice and hence bad.

Apart from the delay in moving the instant writ application,

this court finds that the prayer made is thoroughly

misconceived. A disputed question of fact cannot be entertained

by a writ court and it is preposterous to claim unliquidated and

unquantified damages before a writ court.

The petitioner relied on a decision of the Supreme Court

in the case of Nilabati Behera vs. State of Orissa & Ors.

reported in (1993) 2 SCC 746. This court notes that the matter

before the Hon'ble Supreme Court was a case of custodial

death and compensation was awarded by the Apex Court. The

said decision has no manner of application in the instant case.

Learned counsel for the petitioner has placed some

portions of the order of the learned Tribunal particularly at

internal page 11 of the judgment, of running page 34, indicating

that the petitioner has been prejudiced by the proceedings.

The punishment order has been set aside by the Tribunal.

Learned counsel for the petitioner could not indicate to

this court under what law the writ application could be

entertained.

For the reasons stated hereinabove, the writ petition is

summarily dismissed with costs assessed at Rs.5,100/- to be

paid by the petitioner to the State. In the event of non-payment,

the said amount shall be deducted by the State from the

pension payable to the petitioner.

There shall be no order as to costs.

Urgent xerox certified copy of this order, if applied for, be

given to the parties on usual undertaking.

(Rajasekhar Mantha, J.)