Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nCalcutta High Court (Appellete Side)\nSamrat Ghosh vs The State Of West Bengal & Ors on 16 November, 2021    14                   IN THE HIGH COURT AT CALCUTTA\n16.11.2021              CONSTITUTIONAL WRIT JURISDICTION\n  sb\n   Ct 23                        APPELLATE SIDE\n                              (Via Video Conference)\n                                 WPA 17170 of 2021\n\n                                     Samrat Ghosh\n                                           Vs.\n                             The State of West Bengal & Ors.\n\n                         Mr. Sukumar Ghosh,\n                         Mrs. Moumita Ghosh\n                                         .. For the petitioner.\n\n                         Mrs. Jhuma Chakraborty,\n                         Mr. Aritra Ghosh\n                                     .. For the State.\n\n\n                   Affidavit of service filed in Court today is taken on\n\n             record.\n\n\n                   The petitioner while working as a Civic Volunteer\n\n             under Pandua Police Station, District - Hooghly, was\n\n             implicated in a criminal case, being Pandua Police Station\n\n             Case No. 331/2020 dated 19th October, 2020 and had\n\n             been arrested. The petitioner has, however, been enlarged\n\n             on bail.\n\n\n                   Charge sheet according to the respondents have\n             already been filed against the petitioner under sections\n\n             323/325/354B/427/448/34 of the Indian Penal Code.\n\n\n                   It is the allegation of the petitioner that without any\n\n             show-cause, the petitioner has been restrained from\n\n             joining his duties. The petitioner challenges such action\n\n             on the part of the respondents.\n                                 2\n\n\n\n\n      On behalf of the respondents it is further submitted\n\nthat the Officer-in-Charge of Pandua Police Station after\n\nthe   charge    sheet     was       filed   had   requested   the\n\nSuperintendent of police, Hooghly (Rural) District, to\n\ndemobilize the petitioner from 19th October, 2020 till\n\ndisposal of the criminal case. The Zonal Committee of the\n\nsaid zone by a decision communicated vice memo no.\n\n3092/RO     dated       7th   December,       2020   temporarily\n\ndemobilized the petitioner due to his involvement in the\n\ncriminal case with effect from passing of the said order\n\ndated 7th December, 2020.\n\n\n      The petitioner, however, disputes the filing of the\n\ncharge sheet.\n\n\n      The fact remains that a Civic Volunteer on a\n\ncontractual engagement which is also on temporary basis\n\nlike the petitioner cannot question the action of being\n\ndemobilized when he is admittedly one of the accused in a\n\ncriminal case and had also been arrested in connection\n\nthereto. It is not unusual for the employer to lose\n\nconfidence and reliance on a Civic Volunteer like the\n\npetitioner. The conduct of the petitioner is such that the\n\nemployer can consider him to be disentitled to continue as\n\na Civic Volunteer, assisting the police authorities.\n\n\n      The petitioner is therefor not entitled to any of the\n\nreliefs claimed in the writ petition. The writ petition is\n                            3\n\n\n\n\naccordingly dismissed without any order as to costs.\n\n\n      Urgent photostat certified copy of this order, if\n\napplied for, be given to the parties upon compliance of\n\nnecessary formalities.\n\n\n                               (Arindam Mukherjee, J.)