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The Court observed that it was explicit that the expressions ‘Government of West Bengal’ and the ‘Government’ meant the State of West Bengal in discharge of its legislative functions.
The Court observed that for the highest Court in the land to take a strict view regarding criminal antecedents of those who serve in its establishment can hardly be regarded as inappropriate or arbitrary.
The case of the prosecution is that the accused persons had noticed that one businessman is running business of exchange of old and soiled currency in Chandni Chowk and he used to return to his house daily with huge cash. The bail applicant along with his associates, then hatched a criminal conspiracy to rob and kill the said businessman.
Sufficient time must be given to an arrestee after the grounds of arrest have been served upon him in writing, to enable the arrestee to engage and confer with legal counsel, the test being that the arrestee must have meaningful opportunity to resist his remand to police custody or judicial custody.
The impugned communications do not disclose any substantive reason for rejecting the NOC. A rejection of such import, devoid of any rationale or justification, is arbitrary and falls afoul of the principles of natural justice.
The petitioner has been successful in obtaining employment with the CISF based on his own merit and qualification. In case the petitioner is not allowed to join, subject to the pendency of the criminal case, the petitioner may lose this opportunity for all times to come, and this loss would never be compensated.
The petitioners are aggrieved by an order dated 05-10-2024, passed by the Special College Council Members of R.G. Kar Medical College and Hospital, alleging that they have been arbitrarily subjected to suspension and expulsion.