Allmamun Hoque vs The State Of West Bengal & Others
2022 Latest Caselaw 600 Cal

16.02.2022
Item no.9.
Court 6/AB
   M.A.T. 1313 of 2021
                                     With
                               I A CAN 1 of 2021

                              Allmamun Hoque
                                     Vs
                      The State of West Bengal & Others

                   Md. Sarwar Jahan,
                   Mr. Binay Shaw ...for the Appellant.

                   Mr. Jahar Lal De,
                   Mr. Debasish Chattopadhyay....for the State.

                   By consent of the parties, the appeal and the

             application are taken up together for hearing.

                   This is an appeal against a Judgment and Order

             dated March 8, 2021, whereby the appellant's writ

             petition was dismissed.

                   The appellant says that he was functioning as

             Village Level Entrepreneur at the concerned Gram

             Panchayet in Malda. His service was terminated. He

             challenged such termination before the learned Single

             Judge.

                   The learned Single Judge took pains to go into

             the detailed facts of the case and came to the

             conclusion that firstly, the appellant is not protected

             under Article 311 of the Constitution of India ;

             secondly, there are material to suggest the involvement

             of the appellant in the financial irregularity and

             thirdly, the appellant has confessed that he indulged

             in corrupt practice thereby enabling third parties to

             make undue gain at the expense of the State. The
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learned Judge opined that the termination order does

not warrant interference. Hence, this appeal.

      Appearing for the appellant, learned Advocate

submits that the confession was extracted from the

appellant under duress. The appellant was in no

manner involved with any scam. The real people, who

were responsible for defalcation of funds, have gone

scot-free. No action has been taken against them. The

appellant has been made a scapegoat.

      We have heard learned Counsel for the parties.

The learned Judge has given full reasoning for the

conclusion that he has reached. It is a logical order.

There is apparently no infirmity in the order under

appeal. The issues sought to be raised by the appellant

before us cannot be conveniently gone into in a writ

proceeding. While we may have sympathy for the

appellant, we are unable to grant any relief to him in

this appeal.

      Since we have not called for affidavits, the

allegations in the stay petition are deemed not to be

admitted by the respondents.

The appeal being MAT 1313 of 2021 along with

IA CAN 1 of 2021 stands, accordingly, dismissed.

Needless to say, this order will not prevent the

appellant from approaching any other forum that may

be available to him in accordance with law to challenge

his order of termination.

Urgent photostat certified copy of this order, if

applied for, be supplied expeditiously after compliance

with all the necessary formalities.

(Kausik Chanda, J.) (Arijit Banerjee, J.)