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Judgment
Arindam Mukherjee, J
After hearing the parties, by an order dated 13th September, 2019, I directed the respondent no.1 to serve a copy of the order, if at all passed, pursuant to the hearing held on 20th December, 2018, to the petitioner within a period of seven days from date. Today, when the matter is taken up, the advocate representing the State hands over a photocopy of a memo dated 11th November, 2019, which reads as follows:-
"In reference to the subject noted above, I am to inform you that Shri Panchanan Das was called for by the then Secretary, Judicial Department, to attend the hearing and in terms of notice No. 268-JL, dated 03.12.2018, Shri Das attended the hearing on 20.12.2018. But he could not submit any paper to substantiate his claim that Process Server junior to him was getting pay higher than the pay enjoyed by Shri Das. Shri Das also referred to the case of Shri Arun Kumar Kar, Ex-Process Server of Judgeship, Howrah but without any document. From our end, we have requested the Appointing Authority of Shri Panchanan Das, the District & Sessions Judge, South 24-Parganas as well as the District & Sessions Judge, Howrah, the Appointing Authority of Shri Arun Kumar Kar on 03.12.2018 and thereafter, on 19.09.2019, respectively, requesting them to furnish necessary office orders and other allied papers including the Service Books of those persons, allegedly enjoying higher pay. Till date, this Department is awaiting those documents.
Under such circumstances, this Department could not pass any speaking order addressing the issue.
This is for your information and taking further necessary action."
The said letter is taken on record.
On perusal of the said letter, it appears that the petitioner attended the hearing held on 20th December, 2018 but could not produce any document. This recording is disputed by the advocate appearing for the petitioner. He submits that by way of notes, all relevant documents were submitted before the authority concerned. It further appears from the said letter that records were called for from the District and Sessions Judge, South 24-Parganas as well as the District and Sessions Judge, Howrah on 3rd December, 2018 and thereafter on 19th September, 2019, but such documents have not been placed before the concerned authority.
In these circumstances, I dispose of the matter with the following directions:-
The authority concerned, i.e., the Principal Secretary (Judicial Department), Government of West Bengal, shall, within a period of three months from the date of communication of this order, give a fresh hearing to the petitioner and allow him to produce the documents which the petitioner's advocate says to have been submitted with the written notes. The documents so produced should be minuted by the said Principal Secretary at the time of hearing.
The District and Sessions Judge, South 24-Parganas and the District and Sessions Judge, Howrah are directed to co-operate with the Principal Secretary (Judicial Department) by sending the records as sought for by the letters dated 3rd December, 2018 and 19th September, 2019 immediately so that in the hearing before the Principal Secretary (Judicial Department) to be held within a period of three months from the date of communication of this order those can be considered.
The Principal Secretary (Judicial Department), Government of West Bengal, is directed to pass a reasoned order after hearing the petitioner and communicate such order within a period of 15 days from the passing of the same to the petitioner.
The directions given hereinabove are peremptory in nature.
There shall, however, be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.