The Calcutta Gujrati Education ... vs State Of West Bengal And Ors
2021 Latest Caselaw 45 Cal/2

OD-2

                            W.P.O. No. 166 of 2020

                      IN THE HIGH COURT AT CALCUTTA
                        Constitutional Writ Jurisdiction
                                ORIGINAL SIDE
                          (VIA VIDEO CONFERENCE)

           THE CALCUTTA GUJRATI EDUCATION SOCIETY AND ANR.
                                Versus
                   STATE OF WEST BENGAL AND ORS.



  BEFORE:
  The Hon'ble JUSTICE ABHIJIT GANGOPADHYAY
  Date : 14th January, 2021.


                                                                        Appearance :
                                                              Mr. S. Majumdar, Adv.
                                                                  Mr. Dipak De, Adv.
                                                              Ms. Swapna Paul, Adv.
                                                                ...for the petitioners

                                                           Mr. Asish Kumar Das, Adv.
                                                               Mr. Sunny Nandy, Adv.
                                                                    Mr. B. Jamal, Adv.
                                                            ...for the respondent no. 2

The Court: The matter has been heard extensively. The question is whether

as a preliminary point the petitioners herein can be heard by the Tribunal in view

of the judgment and order passed by this Court in writ application being W.P. No.

1036 of 2008 decided on 7th December, 2009.

Learned Advocate appearing for the petitioners has specifically drawn my

attention to the last paragraph of the said judgment and submits that when it is

a point of demand as preliminary, there is no obstacle in hearing and deciding

the matter. The only preliminary issue raised by them as to the validity of the

domestic enquiry.

Learned Advocate appearing for the respondent no.2 submits that now

after the order passed by this Court, as mentioned above, as all the evidences

have been adduced by the parties, the only stage remains is argument by the

parties and arguments by the parties cannot be done piecemeal because the

petitioners herein in that event, will get some undue advantage.

The petitioners have relied upon two judgments reported in (1997) 1 CHN

218 and (2007) 3 CHN 558, for some other points as to giving evidence by the

presenting officer in the domestic enquiry.

Learned Advocate for the respondent no.2 has stated that several

judgments would be cited by him in respect of his argument today that there is

no question of piecemeal argument in the facts and circumstances of the present

case.

I direct the parties to file written notes of arguments by two weeks from

date enclosing therein the judgments they want to rely upon and to file the same

on 28th January, 2021. The hearing is otherwise concluded.

The matter shall appear under the heading "To Be Mentioned" on 28 th

January, 2021.

(ABHIJIT GANGOPADHYAY, J.)

S.Bag