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2017 Supreme(Cal) 303

BISWANATH SOMADDER
Mintu Mallick – Appellant
Versus
Hon’ble High Court at Calcutta – Respondent


Advocates Appeared:
For the Petitioner: Mintu Mallick, in-person.
For the Respondents:Saptansu Basu, Sr. Advocate, Sumita Shaw, Advocate.

JUDGMENT :

1. This is an application under Article 226 of the Constitution of India taken out by a former judicial officer challenging the order of his compulsory retirement from service dated 29th March, 2013 and the order of the Appellate Authority dated 22nd January, 2014. The writ petitioner is also seeking his reinstatement in service along with all consequential benefits. Briefly stated, the facts are as follows:-

The writ petitioner Mintu Mallick was selected in the West Bengal Civil Services (Judicial) Examination, 1999 and was appointed as Civil Judge (Junior Division) initially on a temporary basis vide notification no.2166-J dated 16th March, 2001 issued by the Judicial Department to the Government of West Bengal. His service in the West Bengal Civil Services (Judicial) was confirmed with effect from 22nd March, 2003 by an administrative order of this Court dated 5th June, 2006. At the material point of time, the writ petitioner Mintu Mallick was posted as the Judicial Magistrate, 4th Court-cum-Railway Magistrate at Sealdah. On 5th May, 2007, he entered the driver’s cabin of a Budge Budge-Sealdah local train and travelled from Lake Gardens station to Sealdah railway statio











































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