Ashis Kumar Banerjee vs The State Of West Bengal & Ors
2022 Latest Caselaw 1746 Cal

    06
04.04.2022
 Ct. No.23
     pg.
                          IN THE HIGH COURT AT CALCUTTA
                         CONSTITUTIONAL WRIT JURISDICTION
                                  APPELLATE SIDE

                                  WPA 2112 of 2022

                                Ashis Kumar Banerjee
                                          Vs.
                            The State of West Bengal & Ors.


                    Ms. Pampa Dey (Dhabal)
                              ... For the petitioner

                    Mr. Suman Dey
                              ... For the State


                    The petitioner alleges that the petitioner has been

             placed under suspension for an indefinite period of time

             and such suspension is continuing since 2017 without

             initiation of departmental proceedings. The petitioner has

             challenged such action of the respondents.

The petitioner in support of his contention has

relied upon the following judgments:-

i) (1999) 6 SCC 257 (K. Sukhendar Reddy v.

State of A.P. & Anr.);

ii) 2001 (3) CHN 688 (Akhilendu Ghosh v. State

of West Bengal & Ors;

iii) Unreported judgment passed in AST 539 of

2009 with ASTA 78 of 2009 (Akhilendu

Ghosh v. State of West Bengal & Ors.)

delivered on 11th April, 2011;

iv) Unreported judgment passed in WP No.16312

(W) of 2008 (Mithun Saha v. The State of

West Bengal & Ors.) delivered on 7th March,

2011; and,

v) Unreported judgment passed in FMA 3541 of

2015 (Allahabad Bank v. Sandipta

Gangopadhyay) delivered on 30th August,

2019.

The respondents while objecting to the prayer made

by the petitioner have relied upon the following judgments

in support of their contention:-

(i) (2013) 16 SCC 147 (Union of India & Anr. v.

Ashok Kumar Aggarwal); and,

(ii) Unreported judgment passed in MAT 440 of

2019 with CAN 3652 of 2019 (Arup Prasad

Kairi v. Eastern Coalfields Limited & Ors.)

delivered on 12th February, 2020.

Let this matter appear under the heading "For

Orders" on 20th April, 2022.

(Arindam Mukherjee, J.)