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2017 DIGILAW 143 (CAL)

ALOKE MUKHERJEE v. STATE OF WEST BENGAL

2017-02-06

HARISH TANDON

body2017
JUDGMENT : 1. The affidavit of service filed in Court today be kept with the record. 2. The petitioner alleges that the respondent No. 10, being the employee of the North Dum Dum Municipality is exploiting such position and had deceived the petitioner in not paying off the legal dues. 3. At the first blush this Court finds that such allegation is of civil dispute and, therefore, no interference is called for under Article 226 of the Constitution of India. However, the attention of this Court is drawn to the fact that apart from the same there is serious allegation against the said respondent over the disproportionate income and the same has been duly informed to the high official of the said Municipality, so that necessary steps or actions may be taken in this regard. 4. On the other hand, the Municipality says that the said respondent is a contract labourer and not the regular employee of the Municipality. 5. Be that as it may, the said contract has neither been terminated nor recalled and, therefore, the Municipality cannot shy away of their legal responsibilities entrusted upon them by law. If a serious allegation of such nature has been made, it is the duty of the employer to immediately address the said issue and take immediate actions thereupon. The Municipality cannot sit idle as such allegation has been made against the contractual employee and allow such employee to continue in discharging their duties under the contract. 6. The State says that after receiving the complaint from the writ petitioner the same has been forwarded by the Superintendent of Police, Anti Corruption Branch, West Bengal to the Chairman of the North Dum Dum Municipality as far back as on 8th December, 2015. 7. Surprisingly the said letter has been replied by the Chairman of the said Municipality informing that the Municipal Authorities have enquired/investigated which are within the purview of the West Bengal Municipal Act, 1993. 8. Such reply appears to be vague, uncertain and does not convey the clear expressions over the intention of the authority. The net result as it stands today is that the said respondent is merrily continuing with such contractual employment without any action/steps being taken by the Chairman of the said Municipality. 9. 8. Such reply appears to be vague, uncertain and does not convey the clear expressions over the intention of the authority. The net result as it stands today is that the said respondent is merrily continuing with such contractual employment without any action/steps being taken by the Chairman of the said Municipality. 9. It is a matter of great concern that because of such lackadaisical attitude of the statutory authority, the citizen of the country has to approach the Court for reminding them of their duties and responsibilities entrusted upon them under the statute. 10. This Court feels that the Chairman of the said Municipality should show some promptitude when a serious allegation of disproportionate income is made and the matter should not be treated so lightly. 11. This Court, therefore, directs the Chairman of the North Dum Dum Municipality to immediately take up the said issue and shall act in accordance with law, if necessary, by initiating a proceeding against the said respondent and after affording an opportunity of hearing to all concern shall take a decision and communicate the same to the said respondent at the earliest. 12. Nothing in this order shall be construed to have any impact on the merit or demerit of the allegations levelled by the petitioner against the said respondent and the said authority is free to take the decision without being influenced by any observations made hereinabove. 13. With the above observations, the writ petition is disposed of. 14. There will be no order as to costs.