Calcutta High Court (Appellete Side)
Ms. Purnima Adhikary vs The State Of West Bengal & Ors on 18 November, 2022
58.
18.11.2022
S.D.
CAN 1 of 2022
in
W.P.A. 12889 of 2010
Ms. Purnima Adhikary
Vs.
The State of West Bengal & Ors.
Mr. Bijoy Adhikary
Mrs. Sandhya Das Adhikary
Mr. Ushananda Jana
Ms. Susmita Adhikary
..For the Applicant/Respondent No. 2
Mr. Manoj Chatterjee
Ms. K. Iyer
Mr. Arnab Mukherjee
Mr. Souparno Pyne
..For the Petitioner/respondents
CAN 1 of 2022
In this application being CAN 1 of 2022, the
applicant/respondent no. 2 has prayed for disbursement of
Rs.3,00,000/- along with accrued interest lying with the
Registrar General, Appellate Side of this Hon'ble Court
pursuant to an order passed by a Coordinate Bench on
September 13, 2010. By the said order, a Coordinate Bench
directed the entire amount of compensation awarded by the
Learned 8th Industrial Tribunal, Kolkata to be deposited with
the Registrar General and the same was directed to be kept in
a short term Fixed Deposit of any Nationalized Bank. The said
Fixed Deposit was directed to be renewed from time to time
until further orders passed by this Hon'ble Court.
The applicant/respondent no.2, who was a mother in
the SOS Children's Villages, West Bengal, India was
summarily dismissed from service by an office order dated
November 22, 1997 passed by the Director, SOS Children's
Villages, West Bengal. The ground for such summary
dismissal is set out hereinafter:-
"You have surreptitiously and unauthorisedly
taken out a child named "Pralay" who was under your
care on 13.09.97. One case diary was filed in
Bidhannagar Police Station on 18.09.97 and a F.I.R. on
26.09.97. Boy has not been returned yet".
Therefore, it was ordered that:-
"You are hereby summarily dismissed and your
training terminated for gross indiscipline and
dereliction of duty and serious offences damaging the
prestige of SOS Children's Villages organization. This
will be with effect from 22.11.1997".
Mr. Adhikary, learned counsel appearing on behalf of
the applicant/respondent no. 2 in this application submits that
after 24 years of the said case being instituted against the
applicant/respondent no. 2, she has now been honourably
discharged by the Additional District and Sessions Judge, 4th
Court, Barasat, North 24-Parganas by a judgment and order
dated September 18, 2021. By the said judgment and order
passed in appeal, the Additional District and Sessions Judge
had set aside the order of conviction passed by learned
A.C.J.M., (Additional Chief Judicial Magistrate), Bidhannagar
and held that the applicant/respondent no. 2 was "not guilty"
and she was "acquitted".
Therefore, he submits that the charge on which the
applicant/respondent no. 2 was summarily dismissed from
service was not established against the petitioner in the
criminal proceedings.
He submits that the applicant/respondent no. 2 is a
senior citizen being more than 71 years of age and is living in
dire financial conditions. The criminal charge in which the
applicant/respondent no.2 was incriminated in for more than
24 years was based on a false allegation against her and the
applicant/respondent no. 2 suffered severely due to same.
Due to her advanced age and health condition, she prays for
disbursement of Rs.3,00,000/- along with the interest lying
with the Registrar General, Appellate Side of this Hon'ble
Court by way of an application being CAN 1 of 2022.
Mr. Chatterjee, learned counsel appearing on behalf of
the writ petitioner/respondent in this application submits that
no disbursement can be made in favour of the
applicant/respondent no. 2 at this stage without considering
the merits of the writ petition. Any prayer for disbursement
can only be considered upon final hearing of the writ petition.
Having considered the rival submissions of the parties
and the materials placed on record, this Court finds that the
only charge on which the applicant/respondent no. 2 was
summarily dismissed was that she has surreptitiously and
unauthorizedly taken out a child who was under her care on
September 13, 1997. Since the boy had not returned, an FIR
was lodged on September 26, 1996, based on which, criminal
proceedings were initiated against the applicant/respondent
no. 2.
Since the applicant/respondent no. 2 has now been
honourably acquitted by the criminal Court, the very basis of
the charge on which the applicant/respondent no. 2's job was
terminated is non-existent today. The applicant has been
honourably acquitted in appeal. This Court finds no reason to
further withhold the disbursement of the amount lying with
the Registrar General, Appellate Side of this Hon'ble Court.
This Court feels that the applicant/respondent no. 2 has
suffered enough for several years for no fault of her own.
In the circumstances, the Registrar General, Appellate
Side is directed to disburse the amount of Rs.3,00,000/- along
with accrued interest thereon within a period of two weeks
from date by way of Account Payee Cheque in favour of the
applicant/respondent no. 2.
With the directions aforesaid, CAN 1 of 2022 is
disposed of.
Later:-
Learned counsel appearing on behalf of the writ
petitioner/respondent submits that nothing further remains to
be adjudicated in the writ petition. The writ petition has
become infructuous since an order of disbursement is made in
CAN 1 of 2022.
Considering the prayer of the learned counsel
appearing on behalf of the writ petitioner/respondent, the writ
petition being W.P.A. 12889 of 2010 is dismissed as not
pressed.
All parties shall act on the server copy of this order
duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied
for, be given to the parties upon compliance of all the
formalities.
(Lapita Banerji, J.)
