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2007 Supreme(Cal) 441

KALYAN JYOTI SENGUPTA, MANIK MOHAN SARKAR
BISWANATH HAZRA – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
A.KHAN, Asok Nath Ghosh

( 1 ) NONE appears for the respondents when the matter was called on for hearing.

( 2 ) IT is a matter of 2005 and it is a case of dismissal from services. On 19th september, 2004 direction for filing affidavit was given. On 16th February, 2006 department noted that no affidavit-in-opposition has been filed. The learned counsel for the petitioner submits that a copy of affidavit-in-opposition has been supplied to him and he has made affidavit-in-reply ready.

( 3 ) WHEN there is no appearance on behalf of the respondents nor they file any opposition, we can* take up the matter for hearing. In our view, at this stage no such affidavit is required as all facts have already been placed before the learned Tribunal and relevant documents have been annexed to this application. Therefore, it hardly matters whether this Court gets any opposition or not.

( 4 ) THE brief fact of the case is that the petitioner joined service as a constable in or about October, 1971. Inapril, 1987 while he was posted at Noapara Police station, a police case was started against the petitioner being Noapara PS case No. 3 dated 4. 4. 87 under section 448/354/376 of IPC. On investigation charge was framed and t






















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