AJIT KUMAR SINHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) At the outset, when the matter is taken up for consideration, the learned Advocate representing the State of West Bengal, raises a preliminary point with regard to non-service of notice together with a copy of the instant application upon the State respondents. According to him, service only upon the State Government Pleader is inadequate, since the Rules of this Court relating to applications under Article 226 of the Constitution of India does not dispense with service of notice together with copies of the writ petition upon the State respondents, as stated in the cause-title, namely, the respondent No. 1, being the State of West Bengal, service through the Secretary, Secondary Education Department, Bikash Bhawan, Salt Lake City, Kolkata - 700 091; the respondent No.2, being the Director of School Education, West Bengal, Bikash Bhavan, Salt Lake City, Kolkata - 700 091 and the respondent No. 3, being the District Inspector of Schools (SE), Uttar Dinajpur, P.O. Karnojora, District Uttar Dinajpur, all of whom, admittedly, have not been served.

(3.) In this connection, he has also referred to a judgment rendered by a Single Bench of this Court in the case of Chandraprabhu INternational Ltd. v. Commissioner of Customs, Kolkata and Ors., 2001 2 CalLJ 360. Referring to the said judgment he submits that 48 working hours time is given to enable the concerned and affected respondent to seek instruction or to take proper step. The concerned respondent, according to the learned Advocate, would mean a respondent who is likely to be directly affected by any interim order that may be passed by this Court while hearing the writ petition. According to him, the scheme of Rule 26, as framed by this Court, in respect of applications under Article 226 of the Constitution of INdia read with the two aforementioned judgments would clearly go to show that service upon the Government Pleader by a writ petitioner is in the nature of an additional service and does not dispense with service of notice together with a copy of the writ petition upon the other State respondents who have been made parties to a writ proceeding.