Calcutta High Court
Tribunal Order On Legality Of Domestic Enquiry Can Be Challenged Without Waiting For Final Order : Calcutta High Court
A single judge bench of the Calcutta High Court comprising of Justice Arindam Mukherjee while deciding a Writ Petition in the case of CSB Bank Ltd vs UOI & Anr. has held that an order of a Tribunal can be challenged in a writ petition without waiting for the final order on ground of being in excess of jurisdiction. Background Facts In a reference before the...
Service Recipient Not Liable For Seller's Default: Calcutta High Court Directs Dept. To 1st Proceed Against Supplier
The Calcutta High Court has held that the adjudicating authority, without resorting to any action against the supplier, who is the selling dealer, ignored the tax invoices produced by the appellant as well as the certificates issued by the Chartered Accountants, which are erroneous and wholly without jurisdiction.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya...
Primary Purpose Of College In Providing Education Being Overlooked Due To Political Influence; Hostile Atmosphere Harms Student Welfare: Calcutta High Court
The Calcutta High Court has recently laid down guidelines of 'professional standards' for college teachers in a revision plea filed by a teacher for quashing proceedings under Sections 499/500 IPC for allegedly defaming a colleague.A single bench of Justice Shampa (Dutt) Paul quashed the case and held that the hostile atmosphere of the college due to political influence, which led to one...
Workman Entitled To Payment Of Gratuity If He Proves Continuous Service Even After Declaration Of Formal Retirement: Calcutta High Court
The Calcutta High Court single bench of Justice Arindam Mukherjee held that the was entitled to gratuity for his continued service even after the declaration of formal retirement. The bench noted that the establishment of a period of 'continuous service' is a prerequisite for the payment of gratuity and the burden of proof lies with the Workman. Brief Facts: The Workman was employed...
Employer Under Obligation To Ensure No Prejudice Is Caused To Employee In Disciplinary Proceedings.: Calcutta High Court
A Division Bench of the Calcutta High Court comprising of Justice Partha Sarathi Chatterjee and Justice Tapabrata Chakraborty while deciding a Writ Petition in the case of Saurav Krishna Basu vs State of West Bengal has held that employer is under an obligation in a disciplinary proceeding to ensure that no prejudice is caused to the employee and this obligation involves a duty to...
No Change Can Be Made To Essential Qualifications After Recruitment Process Starts: Calcutta High Court
A single judge bench of the Calcutta High Court comprising of Justice Partha Sarathi Chatterjee while deciding a Writ Petition in the case of Animesh Singha Mahapatra and Ors. vs State of WB and Ors. has held that once the process of recruitment starts, no change can be made to essential qualification during the subsistence of the recruitment process unless such power is reserved in...
Interruption In Service Due To Accident Would Not Amount To Break In Service For The Purpose Of S. 2A Of Gratuity Act: Calcutta High Court
A single judge bench of the Calcutta High Court comprising of Justice Arindam Mukherjee while deciding a Writ Petition in the case of M/s. Dalhousie Jute Company Vs. The State of West Bengal & Ors. has held that non-rendering of uninterrupted service due to accident would not amount to break in service for the purposes of Section 2A of Payment of Gratuity Act, 1972...
Non-Payment Of Withheld Pension Gives Right To Approach Court, Even If there is Delay : Calcutta High Court
A single judge bench of the Calcutta High Court comprising of Rajasekhar Mantha, J., while deciding a writ petition in the case of Harendra Nath Bishayi v. State of West Bengal & Ors., held that employees who have not received their withheld pension amounts have the legal right to seek recourse in court, regardless of any delay in doing so. Background Facts Harendra Nath...
Person Has No Right To Be Promoted But Has Fundamental Right To Be Considered For Promotion: Calcutta High Court
A single judge bench of the Calcutta High Court comprising of Justice Amrita Sinha while deciding a Writ Petition in the case of Dr. Tapas Kumar Mandal Vs. UOI & Ors has held that an employee has no right to be promoted but he has a fundamental right to be considered for promotion Background Facts Dr. Tapas Kumar Mandal (Petitioner) was serving on the post of Associate Professor...
[Cash For Jobs Scam] Calcutta High Court Raps CBI For Wrongly Seeking Sanction To Prosecute Fmr State Officials From Chief Secy Instead Of Governor
The Calcutta High Court has pulled up the Central Bureau of Investigation (CBI) for creating a 'fiasco' by wrongfully applying to the Chief Secretary for sanction to prosecute former ministers and public servants, instead of the Governor who was the correct sanctioning authority, in the cash for jobs scam. A division bench of Justices Joymalya Bagchi and Gaurang Kanth expressed bewilderment...
Calcutta High Court Directs Police To Form Special Task Force To Aid KMC In Conducting Demolition Drive Against Unauthorised Constructions
In taking a stand against illegal and unauthorised constructions in the city of Kolkata, the Calcutta High Court has directed the Kolkata Police to form a Special Task Force to assist the functionaries of the Kolkata Municipal Corporation (KMC) in conducting a demolition drive to destroy unauthorised constructions which have come up in the city.Recently, one such unauthorised building...
BREAKING | Calcutta High Court Denies Bail To Former WB Education Minister Partha Chatterjee In Cash-For-Jobs Scam
The Calcutta High Court has declined the bail prayer of former Education Minister and Member of Legislative Assembly Partha Chatterjee in the cash-for-jobs recruitment scam, involving the illegal recruitment of Assistant Teachers under the West Bengal Board of Primary Education.A single bench upon going through the evidence including the amounts of money and assets, jewellery seized...