10.02.2025 Court No.23 ML – 12 (PP) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 26987 of 2024 Arnab Pramanick versus The State of West Bengal & Ors. Mr. Arnab Pramanick .…petitioner-in-person. Mr. Tapas Adhikari, Mr. Tapas Chatterjee ….for the State. Supplementary affidavit filed in Court today is taken on record. The petitioner was deployed at Joynagar Police Station under Baruipur Police District as a Civic Volunteer. A criminal case was registered at Joynagar Police Station against the petitioner on 30th March, 2022, vide FIR No.239 of 2022. Charge sheet was filed in the said criminal case. After the petitioner was so implicated, the petitioner has been demobilized as a Civic Volunteer. The petitioner had applied under the Right to Information Act, 2005 to know the reason behind his demobilization. The query in the RTI query was specifically answered stating the reason for which the petitioner was demobilized. The petitioner says that the FIR was registered at the instance of his brother. There has been a settlement between the petitioner and his brother. However, the said criminal case is yet to be disposed of on the basis of such compromise. The petitioner also says that he had preferred a criminal revisional application for speedy disposal of the criminal case pending against him, but the fact remains that such criminal case is still pending. On behalf of the State, a report filed by the Inspector-in-Charge, Joynagar Police Station in the form of an instruction to the learned advocate for the State is placed before the Court, which is taken on record, with a copy thereof being given to the petitioner. On a perusal of the said report, it appears that apart from the criminal case which has been discussed hereinabove, a further criminal case was initiated against the petitioner on the allegation of rape against the will of the victim. The said complaint was registered as Baruipur Women P. S. Case No.64 of 2022 dated 7th June, 2022 under section 376/323/344 of the Indian Penal Code, 1860. The petitioner was arrested on the same day and produced before the Court. The petitioner was in jail custody and enlarged on bail on 29th July, 2022. After completion of investigation of the case, a charge sheet has been filed. The petitioner says that he has challenged the said criminal proceedings by filing a criminal revisional application. The second criminal case is also pending adjudication. 2 The petitioner was engaged as a civic volunteer to assist the police authorities. The petitioner, therefor, was seen by public at large as part of the disciplinary force. If there are two criminal cases pending against the petitioner, the confidence of the public at large on coming to know about the same will be eroded. The employer, in a situation where a criminal case has been registered against an employee and has been arrested in connection therewith for more than 48 hours, can issue a suspension notice and start disciplinary proceedings on having lost confidence on the employee if such employee is governed by any specific service rules. In respect of civic volunteer, the engagement is against government circulars and notifications. No service rule has been made applicable against the petitioner apart from those expressed in circulars and notifications. The employer, therefor, on having lost confidence in the petitioner being an employee, has demobilized him, I do not find any illegality or arbitrary action on the part of the employer. The petitioner has also not been subjected to any unlawful method of being demobilized. In the facts and circumstances as aforesaid, the writ petition is dismissed. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Arindam Mukherjee, J.) 3