MD IMTIAZ AHAMED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal and the stay application have been preferred assailing the judgment and order dated 9th October, 2018 passed by the learned Single Judge on the writ petition preferred by 43 candidates who were working as Civic Volunteers in the District of Murshidabad. In the writ petition appellants/petitioners made a grievance that from the month of June 2014 they were not assigned any duty and their service was discontinued thereafter on filing the writ petition appellants/petitioners, inter alia, made claim that they should be permitted to continue their assignment as Civic Volunteers with necessary direction for payment of regular salaries along with arrears. However, the prayer of the of the appellants/petitioners was spurned by the learned Single Judge by delivering impugned judgment dated 9th October 2018 whereby giving detailed reasons the writ petition was dismissed.

(2.) The case which has been made out in the writ petition by the appellants/petitioners is that they were appointed as Civic Volunteers on and from 11th October, 2013 and they discharged their duty to the satisfaction of the district police authorities. From the month of June 2014 appellants/petitioners were not allotted any duty and verbally they were informed upon approach being made by them to the concerned respondent authorities that they participated in agitation on Rani Rashmoni Road in the month of July 2014 which prompted the authority concerned to discontinue them as Civic Volunteers. The appellants/petitioners made a representation vide a letter dated 25th January, 2017 addressed to the Superintendent of Police, Murshidabad, Berhampore ventilating their grievances and requested the respondent authorities to permit them to continue their assignment as Civic Volunteers in the district of Murshidabad. However, such representation made by the appellants/petitioners did not yield any result. In the writ petition petitioners run a case that they did not participate in the agitation held on Rani Rashmoni Road in Kolkata so the demobilisation by the concerned respondent authorities resulting in discontinuation of their service was improper and prior to demobilising them the authorities ought to have initiated a proceeding against the appellants/petitioners in accordance with law providing them opportunity to defend their case. Absence of due notice prior to such demobilisation renders the action of the respondent authorities in discontinuing their service is liable to be interfered with by the Hon'ble Court in exercise of its writ jurisdiction under Article 226 of the Constitution of India on the point of violation of natural justice.

(3.) The prayer couched in the writ petition reads: