Kasem Molla @ Kesem Molla vs The State Of West Bengal And Others
2022 Latest Caselaw 3128 Cal

June 9, 2022
Sl. No.10
Court No.1
s.biswas
                                    FMA 1228 of 2021
                                         With
                                     CAN 1 of 2021

                               Kasem Molla @ Kesem Molla
                                           vs.
                           The State of West Bengal and others

               Mr. Mrinal Kanti Ghosh,
               Mr. Chandra Nath Sarkar, Advocates
                                                        ... for the appellant
               Mr. Arjun Ray Mukherjee,
               Mr. Joyjeev Medhi, Advocates
                                                            ... for the State


                   By this appeal the writ petitioner has questioned the

               order of learned Single Judge dated 01.03.2021 whereby

               WPA 17502 of 2019 has been dismissed.

                   The case of the appellant is that he was appointed as

               Civil Police in the year 2014 under the Ausgram Police

               Station and the Identity Card in his favour was issued,

               but thereafter there was a complaint in G.R. Case

               No.2461 of 2014 for offence under Sections 341, 323,

               324, 358, 506 and 34 of the IPC and he was implicated

               therein therefore he was not allowed to continue the job,

               but subsequently by the judgment dated 18.09.2018

               passed by the learned Judicial Magistrate, 2nd Court,

               Burdwan, he was acquitted.       Therefore appellant had

               submitted the application dated 25.08.2019 before the

               Superintendent of Police, Purba Bardhaman and then

               filed the writ petition with a prayer to command the

               official respondents to re-appoint the appellant.

FMA 1228 of 2021

Learned Single Judge has dismissed the writ petition

by holding that the petitioner cannot claim re-

appointment.

Learned counsel appearing for the appellant has

submitted that another person, namely, Abdus Samad

Shaikh alias Samad Sk. was similarly implicated in two

criminal cases and was acquitted in both and with the

similar prayer he had filed WPA 17501 of 2019 and the

same learned Single Judge by order dated 26.02.2021

had disposed of the petition with a direction to the

Superintendent of Police, Purba Bardhaman to consider

the suitability of the said writ petitioner to re-engage him

in accordance with law. Thereafter the said petitioner

has been given appointment.

Learned counsel for the State has not disputed the

above submission and also produced before us the

written instruction received by him stating that the

application for re-appointment of the appellant is in

considerable stage. He has submitted that concerned

Superintendent of Police is ready to consider the

appellant's application.

Having regard to the issue of parity as also

considering the submission made by learned counsel for

the State, we dispose of the present appeal and connected

application by setting aside the order of learned Single

Judge and by directing the concerned Superintendent of

Police to take appropriate decision on the appellant's

FMA 1228 of 2021

pending application for re-appointment in accordance

with law as expeditiously as possible preferably within a

period of 8 weeks from the date of receipt of the copy of

this order.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties on usual

undertaking.

[Prakash Shrivastava, C.J.]

[Rajarshi Bharadwaj, J.]