Calcutta High Court Weekly Round-Up: July 10 To July 16

NOMINAL INDEX

1. Texmaco Rail and Engineering Limited & Anr v Union of India and Ors 2023 LiveLaw (Cal) 183
2. Tushar Manna v Ananda Sarkar 2023 LiveLaw (Cal) 184
3. Ujjwal Trivedi v The State Of West Bengal and Ors with Save Democracy And Ors v The State Of West Bengal And Ors 2023 LiveLaw (Cal) 185

1. Tender Process By Public Undertaking Must Be Transparent To Ensure Best Competitor Is Chosen: Calcutta High Court

Case: Texmaco Rail and Engineering Limited & Anr v Union of India and Ors

Citation: 2023 LiveLaw (Cal) 183

The Calcutta High Court has observed that to ensure that the best competitor is chosen, the process of selection adopted by a public undertaking is required to be transparent.

A single-judge bench of Justice Sabyasachi Bhattacharya observed thus set aside the rejection of tender submitted by petitioners Texmaco Rail & Engineering Ltd., on the grounds that such a rejection by the respondent-Railway authorities, was arbitrary and mala fide.

2. Calcutta High Court Quashes Trespass Charges Against Bank's Debt Manager, Says Visit To Defaulter's House Was In Due Course Of Official Duty

Case: Tushar Manna v Ananda Sarkar

Citation: 2023 LiveLaw (Cal) 184

The Calcutta High Court recently quashed the criminal proceedings for trespass and intimidation initiated against ICICI Bank's debt manager who had visited the house of a credit card holder in connection with pending dues.

A single-judge bench of Justice Shampa Dutt (Paul) held,

“The petitioner being the Debt Manager of the bank's separate wing, with appropriate training as per RBI guidelines to facilitate the bank in its recovery process, allegedly went to the house of the complainant on 17.12.2019 at 2 pm to recover the bank's dues. The said act of the petitioner is part of his job and the time of going to the petitioner's house is also appropriate. Considering the time to be 2pm, it is apparent that the petitioner did not intend to act in an unlawful manner. The outstanding dues of the complainant is admitted. Thus, the conduct of the petitioner was in due course of his official duty and he has been empowered to do so as per RBI Guidelines. If every Authorised Officer of a bank/institution has to face criminal charges levelled by a defaulter, for acting in accordance with law, then it is clearly an abuse of the process of law and such proceeding should not be allowed to continue in the interest of justice.”

3. State Election Commissioner Independent Constitutional Body, Plea For Removal Not Maintainable: Calcutta High Court

Case: Ujjwal Trivedi v The State Of West Bengal and Ors with Save Democracy And Ors v The State Of West Bengal And Ors

Citation: 2023 LiveLaw (Cal) 185

The Calcutta High Court has dismissed pleas filed against the West Bengal State Election Commission, for inter alia re-conduct of elections in areas where seats were uncontested, extension of dates for filing nominations and removal of the State Election Commissioner, among other ancillary reliefs.

A division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya held that prayer for the removal of the Election Commissioner would not be maintainable since, it is an independent constitutional body which has been vested with the powers of “superintendence, directions and control” of the election process in terms of Article 243K of the Constitution of India read with provisions of the West Bengal State Election Commission Act, 1994.

OTHER DEVELOPMENTS

Panchayat Elections: Calcutta High Court Seeks Report On Alleged Poll Violence; Orders Treatment Of Injured, Support For Last Rites Of Deceased

Case: Adhir Ranjan Chowdhury v. The West Bengal State Election Commission

The Calcutta High Court called for reports on the scale of alleged violence during polling for the West Bengal Panchayat Elections 2023 held on July 8. A division-bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya also directed the State government to provide “best treatment” and healthcare facilities for those who had been injured, as well as make arrangements for the last rites of those who had been killed. The Court opined:

“This report would be of significance because it is a submission of the petitioner appearing in person as well as the intervenors that there has been large scale rigging of the elections in various booths spread over the State and instances have been given in respect of four districts and the copy of the e-mail sent to the State Election Commission has been handed over to the learned senior advocate appearing for the State Election Commission. Therefore, it is submitted that the figure of 696 booths chosen for re-polling is not the correct number and in the conservative estimate of the intervenor, re-polling should be ordered in nearly 50,000 booths throughout the State of West Bengal. Since this averment made by the intervenor…is not on record in the form of an affidavit, we will take note of the submission as and when the same is brought on record…”

Why Couldn’t You Control Law & Order? Registry Flooded With Emails Alleging Poll Violence: Calcutta High Court Slams SEC

Case: Shyamal Mondal and Ors. v. State of West Bengal And Ors.

The Calcutta High Court questioned the WB State Election Commission regarding their apparent mismanagement of the Panchayat Election 2023, due to incessant barrage of complaints being received by the Court as well as its registry regarding rampant electoral malpractice and instances of deadly violence. A bench comprising Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya orally remarked:

"Why couldn't you control the law-and-order situation? Do you know, our Registrar has received over 50 emails highlighting the issue of violence, and [malpractise]…One is blaming the other. The other is blaming someone else. What is the point of us passing so many orders then?"

The High Court has been facing a spathe of complaints pertaining to violence and electoral malpractice taking place in the WB Panchayat Elections 2023. Earlier, to allay the concerns on post-poll violence, the Court had directed paramilitary forces to remain in West Bengal for 10 days after the declaration of results in the election process.

It is also seized of contempt applications filed against the SEC for its alleged dereliction of duty in not following orders pertaining to the safety, security and purity of the election process in ‘letter and spirit.’

Calcutta High Court Issues Notice On Plea Challenging Exclusion Of Disability Related Questions From NFHS-6

Case: Disability Activists Forum & Anr. v. Union of India & Ors

The Calcutta High Court issued notice to the Ministry of Health and Family Welfare, Union of India, the Department of Health and Family Welfare, Govt of WB, and other authorities, in a plea challenging the exclusion of disability related questions from the 6th instalment of the National Family Health Survey (“NFHS”).

In acknowledging the cause raised by the petitioners and directing the respondents to file affidavits stating why the prayers sought for in the writ petition could not be granted, a Bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya orally remarked:

“Another PIL is pending in this matter…and there is a lot of difficulty in getting this identification certificate… [the petitioners] have mentioned that and we have directed the Advocate General to file a reply in the matter. It is not as easy as [the State] has said in the Memorandum…The respondents shall file an affidavit, clearly setting out why, the prayer sought for in the petition cannot be granted, and why the issues which have been flagged by the petitioner organisation in their representations cannot be treated as a basis for issuing appropriate directions to the appropriate respondents.”

Calcutta High Court Holds Full-Court Obituary Reference In Memory Of Justice Tarun Chatterjee

The Calcutta High Court on Tuesday observed a full-court reference to remember the legacy of (Late) Justice Tarun Chatterjee, who sadly passed away on the 7^th of July 2023, at the age of 78.

Born to former Calcutta High Court Judge, Justice Purshottam Chatterjee in January 1945, Justice Tarun Chatterjee enrolled as an Advocate in 1970 at Calcutta and practiced in the High Court in Civil, Criminal and Revenue cases. He was appointed as a permanent Judge in the Calcutta High Court on August 6, 1990 and as the Chief Justice of the Allahabad High Court on January 31, 2003. Justice Chatterjee was elevated as a Supreme Court Judge on 27th August, 2004 and demitted office on 14th January, 2010. Post retirement, Justice Chatterjee was appointed as the Chairman of the Uttar Pradesh State Human Rights Commission in October 2013.

The reference was presided over by Chief Justice T.S. Sivagnanam, who remembered the life and legacy of Justice Chatterjee, and expressed his condolences to the members of the Court and the bereaved family.

Panchayat Elections | Serious Issue If State Can't Control Violence, Outcome Of Elections Subject To Our Ultimate Orders: Calcutta High Court

Case: Suvendu Adhikari v State of WB & other connected petitions

The Calcutta High Court expressed its anguish over repeated complaints about alleged violence and mismanagement during the Panchayat Election process conducted by the WB State Election Commission.

Expressing displeasure over the unfolding situation of lawlessness, a division-bench of Chief Justice Sivagnanam and Justice Hiranmay Bhattacharya emphatically warned that decision regarding finality of the electoral process hinges on the outcome of the writ petitions pending before it.

Accordingly, the SEC was directed to respond to the contentions on alleged malpractice, as well as address the number of booths which needed to go for re-polling.

POSH Act | Participation Of Accused In Appraisal Process Of Complainant Makes Mockery Of Entire Process: Calcutta High Court

Case: Anjali Kumari v Yamuna Kumar Chaubey, DIR(Tech) NHPC & Ors.

The Calcutta High Court has recently held that the actions of an accused under the Prevention of Sexual Harassment in the Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”), in being party to an appraisal report of the complainant thereunder, “vitiates and makes a mockery of the entire process.”

In hearing a contempt application filed by the complainant/petitioner against the accused, his company and its agents, a single-bench of Justice Moushumi Bhattacharya directed the respondents/contemnors to prove that they had not been in “contumacious violation” of the Court’s orders, and that the impugned appraisal report was unconnected to the charges under the POSH Act, invoked by the petitioner against the accused/contemnor no 5. 

Calcutta High Court Directs CBI, ED To Place On Record List Of Beneficiaries In Teachers Recruitment Scam

Case: Soumen Nandy v. State of West Bengal And Ors. 

The Calcutta High Court has directed the Central Bureau of Investigation (“CBI”) and Enforcement Directorate (“ED”) to further enquire into the “Teachers Recruitment scam” in West Bengal, by investigating into the recruitment process of teachers, dating back to 2016, to individually identify those, who were hired outside of standard recruitment processes.

A single-judge bench of Justice Amrita Sinha placed on record the extent of financial recovery which had taken place during the investigation, for public interest, and ordered the investigating agencies to present a detailed report before the Court on the 29^th of August 2023. 

Supreme Court Collegium Recommends Permanent Appointment Of Three Additional Judges Of Calcutta High Court

The Collegium of the Supreme Court of India, comprising of Justice DY Chandrachud, Justice Sanjay Kishan Kaul and Justice Sanjiv Khanna, has recently recommended the names of three additional judges of the Calcutta High Court for appointment as permanent judges.

In their resolution dated 12th July 2023, the Collegium recommended the names of Justice Krishna Rao, Justice Bibhas Ranjan De, and Justice Ajoy Kumar Mukherjee for appointment as permanent judges of the Calcutta High Court.